[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4537-4538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01588]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-916]


Laminated Woven Sacks From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to a request from the Laminated Woven Sacks 
Committee (``Petitioner''), the Department of Commerce (``the 
Department'') initiated an administrative review of the antidumping 
duty Order on laminated woven sacks from the People's Republic of China 
(``PRC'').\1\ The administrative review covers nine \2\ companies for 
the period of review (``POR'') August 1, 2013, through July 31, 2014. 
We invite interested parties to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation, in Part, 79 FR 
58729 (September 30, 2014) (``Initiation Notice''); see also Notice 
of Antidumping Duty Order: Laminated Woven Sacks From the People's 
Republic of China, 73 FR 45941 (August 7, 2008) (``Order'').
    \2\ The nine companies are: Changle Baodu Plastic Co., Ltd., 
Shangdong Qikai Plastics Product Co., Ltd., Wenzhou Hotsun Plastics 
Co., Ltd., Zibo Aifudi Plastic Packaging Co., Ltd., Zibo Linzi 
Luitong Plastic Fabric Co., Ltd., Zibo Linzi Shuaiqiang Plastics 
Co., Ltd., Zibo Linzi Qitianli Plastic Fabric Co., Ltd., Zibo Linzi 
Worun Packing Product Co., Ltd., and Zibo Qigao Plastic Cement Co., 
Ltd.

---------------------------------------------------------------------------
DATES: Effective Date: January 28, 2015.

FOR FURTHER INFORMATION CONTACT:  Irene Gorelik, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

SUPPLEMENTARY INFORMATION:  On September 30, 2014, the Department 
initiated an administrative review of the Order on laminated woven 
sacks from the PRC covering nine PRC firms for the POR.\3\
---------------------------------------------------------------------------

    \3\ See Initiation Notice, 79 FR at 58729.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order \4\ is laminated woven 
sacks.\5\ Laminated woven sacks are bags or sacks consisting of one or 
more plies of fabric consisting of woven polypropylene strip and/or 
woven polyethylene strip, regardless of the width of the strip; with or 
without an extrusion coating of polypropylene and/or polyethylene on 
one or both sides of the fabric; laminated by any method either to an 
exterior ply of plastic film such as biaxially-oriented polypropylene 
(``BOPP'') or to an exterior ply of paper that is suitable for high 
quality print graphics. Effective July 1, 2007, laminated woven sacks 
are classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 6305.33.0050 and 6305.33.0080. Laminated woven 
sacks were previously classifiable under HTSUS subheading 
6305.33.0020.\6\ The HTSUS subheadings are provided for convenience and 
customs purposes only; the written product description of the scope of 
the order is dispositive.
---------------------------------------------------------------------------

    \4\ See Order, 73 FR at 45941.
    \5\ For a complete description of the Scope of the Order, see 
``Decision Memorandum for the Preliminary Results of the 2013-2014 
Administrative Review: Laminated Woven Sacks from the People's 
Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
(``Preliminary Decision Memorandum''), dated concurrently with these 
preliminary results.
    \6\ Additional HTSUS considerations apply. See Preliminary 
Decision Memorandum. Moreover, at the request of U.S. Customs and 
Border Protection (``CBP''), the Department added the USHTS 
subheading 6305.33.0040 to the ACE CRF for the antidumping duty 
order. See ``Memorandum to the File, from Irene Gorelik, Analyst, 
re: Addition of U.S. Harmonized Tariff Schedule (``USHTS'') Numbers 
to the Automated Commercial Enterprise (``ACE'') Case Reference File 
(``CRF''),'' dated September 24, 2014.
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (``the Act''). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum, which is hereby adopted by 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).\7\ 
ACCESS is available to registered users at http://access.trade.gov and 
in the Central Records Unit, room 7046 of the main Department of 
Commerce building. In addition, parties can obtain a complete version 
of the Preliminary Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Background

    The Initiation Notice states that ``{i{time} f a producer or 
exporter named in this notice of initiation had no exports, sales, or 
entries during the period of review . . . it must notify the Department 
within 60 days of publication of this notice in the Federal Register.'' 
\8\ None of the nine companies initiated for review filed ``no 
shipment'' certifications. The Initiation Notice also notifies the 
firms initiated for review that they ``must complete, as appropriate, 
either a separate rate application or certification'' if they want to 
qualify for a separate rate in this administrative review.\9\ None of 
the nine companies initiated for review filed separate rate 
certifications or applications.
---------------------------------------------------------------------------

    \8\ See Initiation Notice, 79 FR at 58729.
    \9\ Id., at 58730.
---------------------------------------------------------------------------

Preliminary Results of Review

    Because none of the nine companies initiated for review provided 
the Department with either a ``no shipment'' certification or separate 
rate eligibility documentation, we preliminarily find these nine 
companies to be part of the PRC-wide entity.\10\ The rate previously

[[Page 4538]]

established for the PRC-wide entity in this proceeding is 47.64 
percent.\11\
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum. Pursuant to the 
Department's change in practice, the Department no longer considers 
the non-market economy entity as an exporter conditionally subject 
to administrative reviews. See Antidumping Proceedings: Announcement 
of Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013). Under this practice, the non-market 
economy entity will not be under review unless a party specifically 
requests, or the Department self-initiates, a review of the entity. 
Because no party requested a review of the entity, the entity is not 
under review and the entity's rate is not subject to change.
    \11\ See Implementation of Determinations Under Section 129 of 
the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road 
Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven 
Sacks; and Light-Walled Rectangular Pipe and Tube From the People's 
Republic of China, 77 FR 52683, 52688 (August 30, 2012).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on these preliminary 
results and submit written arguments or case briefs within 30 days 
after the date of publication of this notice, unless otherwise notified 
by the Department (see 19 CFR 351.309(c)(ii)). Parties are reminded 
that they should not submit new factual information in written 
arguments or case briefs. Rebuttal briefs, limited to issues raised in 
the case briefs, will be due five days later (see 19 CFR 351.309(d)). 
Parties who submit case or rebuttal briefs are requested to submit with 
each argument: (1) A statement of the issue; and (2) a brief summary of 
the argument. Parties are also requested to provide a summary of the 
arguments not to exceed five pages and a table of statutes, 
regulations, and cases cited (see 19 CFR 351.309).\12\
---------------------------------------------------------------------------

    \12\ See also 19 CFR 351.303 for filing requirements.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically using ACCESS (see 19 CFR 351.310(c)). An 
electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, ACCESS, by 5:00 
p.m. Eastern Standard Time, within 30 days after the date of 
publication of this notice. Requests should contain the party's name, 
address, and telephone number, the number of participants, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing.
    The Department intends to issue the final results of this 
administrative review, including the results of our analysis of issues 
raised in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register (see section 751(a)(3)(A) 
and the Act and 19 CFR 351.213(h)(1)).

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review (see 19 CFR 351.212(b)(1)). The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of review. For the final results, 
if we continue to treat the nine companies upon which the review was 
initiated as part of the PRC-wide entity, we will instruct CBP to apply 
an ad valorem assessment rate of 47.64 percent to all entries of 
subject merchandise during the POR which were produced and/or exported 
by those companies.
    The Department announced a refinement to its assessment practice in 
non-market economy (``NME'') cases.\13\ Pursuant to this refinement in 
practice, for entries that were not reported by companies examined 
during this review, the Department will instruct CBP to liquidate such 
entries at the NME-wide rate. In addition, if the Department determines 
that an exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
NME-wide rate.\14\
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011) (``NME Assessment 2011'').
    \14\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific rate; (2) for 
all PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate (including those companies identified above 
upon which this review was initiated), the cash deposit rate will be 
that for the PRC-wide entity; and (3) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to the 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 double antidumping duties.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: January 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
5. Recommendation

[FR Doc. 2015-01588 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P