Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 49309 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

63081 (October 6, 2020). 

2See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2019–2020 

Antidumping Duty Administrative Review: 

Polyethylene Retail Carrier Bags from Malaysia,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

3See Memorandum, ‘‘Polyethylene Retail Carrier 

Bags from Malaysia: Extension of Deadline for the 

Preliminary Results of Antidumping Duty 

Administrative Review; 2019–2020,’’ dated March 

31, 2021. 

4 In the 2018–2019 review, Commerce collapsed 

Euro SME and Euro Nature Green Sdn. Bhd. (Nature 

Green) and treated them as a single entity. 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; 2018–19, 86 FR 22019 

(April 26, 2021). Our treatment of Euro SME and 

Nature Green remains unchanged in this instant 

review. 

5See Petitioners’ Letter, ‘‘Polyethylene Retail 

Carrier Bags from Malaysia: Request for 

Verification,’’ dated December 31, 2020. 

6See 19 CFR 351.309(c). 

7See 19 CFR 351.309(d); see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (Temporary Rule). 

8See 19 CFR 351.309(c)(2) and (d)(2). 

9See 19 CFR 351.303. 

10See 19 CFR 351.303(f). 

11See Temporary Rule. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–813] 

Polyethylene Retail Carrier Bags From 

Malaysia: Preliminary Results of 

Antidumping Duty Administrative 

Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that sales of polyethylene retail carrier 

bags (PRCBs) were not made at less than 

normal value during the period of 

review (POR) August 1, 2019, through 

July 31, 2020. Interested parties are 

invited to comment on these 

preliminary results of review. 

DATES: Applicable September 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Berger, 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) 482–2483. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 6, 2020, Commerce 

published a notice initiating an 

antidumping duty administrative review 

of PRCBs from Malaysia covering Euro 

SME Sdn Bhd (Euro SME) for the POR.1

During the course of this administrative 

review, Euro SME responded to 

Commerce’s questionnaire and 

supplemental questionnaires. For 

further details, see the Preliminary 

Decision Memorandum.2

On March 31, 2021, Commerce 

extended the deadline for issuing the 

preliminary results of this review.3 The 

current deadline is August 31, 2021. 

Scope of the Order 

The merchandise covered by this 

order is PRCBs from Malaysia, which 

also may be referred to as t-shirt sacks, 

merchandise bags, grocery bags, or 

checkout bags. For a full description of 

the scope of the order, see the 

Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this 

administrative review in accordance 

with section 751(a) of the Tariff Act of 

1930, as amended (the Act). Export 

price was calculated in accordance with 

section 772 of the Act. Normal value 

was calculated in accordance with 

section 773 of the Act. For a full 

description of the methodology 

underlying our conclusions, see the 

Preliminary Decision Memorandum. A 

list of the 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 available 

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 http://enforcement.trade.gov/ 

frn/. 

Preliminary Results of the Review 

Commerce preliminarily determines 

that the following weighted-average 

dumping margin exists for the period 

August 1, 2019, through July 31, 2020: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Euro SME Sdn. Bhd.; and 

Euro Nature Green Sdn. 

Bhd.4 ................................. 0.00 

Verification 

On December 31, 2020, the 

Polyethylene Retail Carrier Bag 

Committee and its individual members, 

Hilex Poly Co., LLC and Superbag Corp. 

(petitioners) requested, pursuant to 19 

CFR 351.307(b)(1)(v) that Commerce 

conduct verification of the 

questionnaire responses of Euro SME.5

Commerce is currently unable to 

conduct on-site verification of the 

information relied upon in making its 

final results of this administrative 

review. Accordingly, we intend to take 

additional steps in lieu of on-site 

verification to verify the information. 

Commerce will notify interested parties 

of any additional documentation or 

information required. 

Disclosure and Public Comment 

Commerce intends to disclose the 

calculations used in its analysis to 

interested parties in this review within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). Case briefs may be 

submitted to the Assistant Secretary for 

Enforcement and Compliance.6

Interested parties will be notified of the 

timeline for the submission of such case 

briefs and written comments at a later 

date. Rebuttal briefs, limited to issues 

raised in the case briefs, may be filed no 

later than seven days after the date for 

filing case briefs.7 Parties who submit 

case briefs or rebuttal briefs in this 

proceeding are requested to submit with 

each argument: (1) A statement of the 

issue; (2) a brief summary of the 

argument; and (3) a table of authorities.8

Case and rebuttal briefs should be filed 

using ACCESS 9 and must be served on 

interested parties.10 Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.11

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS. An electronically filed 

document must be received successfully 

in its entirety by Commerce’s electronic 

records system, ACCESS, by 5:00 p.m. 

Eastern Time within 30 days after the 

date of publication of this notice. 

Requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of issues parties intend to discuss. 

Issues raised in the hearing will be 


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49310 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 

12See 19 CFR 351.310(c). 13See section 751(a)(3)(A) of the Act and 19 CFR 

351.213(h)(1). 14See section 751(a)(2)(C) of the Act. 15 In these preliminary results, Commerce applied 

the assessment rate calculation methodology 

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). 

16See Antidumping Duty Order: Polyethylene 

Retail Carrier Bags from Malaysia, 69 FR 48203 

(August 9, 2004). 

limited to those raised in the respective 

case and rebuttal briefs.12 If a request for 

a hearing is made, Commerce intends to 

hold the hearing at a time and date to 

be determined. Parties should confirm 

by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

We intend to issue the final results of 

this administrative review, including 

the results of our analysis of issues 

raised by the parties in the written 

comments, within 120 days of 

publication of these preliminary results 

in the Federal Register, unless 

otherwise extended.13

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b)(1), upon 

issuance of the final results, Commerce 

intends to 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 the final results 

of this review and for future deposits of 

estimated duties, where applicable.14

For any individually examined 

respondent whose weighted-average 

dumping margin is not de minimis (i.e., 

less than 0.50 percent) in the final 

results of this review, we intend to 

calculate importer-specific ad valorem 

duty assessment rates based on the ratio 

of the total amount of antidumping 

duties 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). Where we do 

not have entered values for all U.S. sales 

to a particular importer, we intend to 

calculate an importer-specific, ad 

valorem assessment rate on the basis of 

the ratio of the total amount of dumping 

calculated for the importer’s examined 

sales to the total quantity of those 

sales.15 We intend to instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific ad 

valorem assessment rate calculated in 

the final results of this review is not 

zero or de minimis. If a respondent’s 

weighted-average dumping margin is de 

minimis within the meaning of 19 CFR 

351.106(c)(1), or an importer-specific 

rate is zero, we intend to instruct CBP 

to liquidate the appropriate entries 

without regard to antidumping duties. 

For entries of subject merchandise 

during the POR for which a respondent 

did not know that its merchandise was 

destined for the United States, we 

intend to instruct CBP to liquidate such 

entries at the all-others rate if there is no 

rate for the intermediate company (or 

companies) involved in the transaction. 

We intend to issue liquidation 

instructions to CBP 35 days after the 

date of publication of the final results of 

this administrative 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). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for the companies 

listed above, will be the rate established 

in the final results of the review (if the 

rate is zero or de minimis, no cash 

deposit will be required); (2) for 

previously reviewed or investigated 

companies not covered by this review, 

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 company 

was investigated or reviews; (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 manufacturer is, 

the cash deposit rate will be the rate 

established for the most recently 

completed segment of this proceeding 

for the manufacturer of the subject 

merchandise; and (4) the cash deposit 

rate for all other manufacturers and/or 

exporters will continue to be 84.94 

percent, the all-others rate established 

in the LTFV investigation.16

These 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. 

Notification to Interested Parties 

These preliminary results of review 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act, and 19 CFR 351.221(b)(4). 

Dated: August 27, 2021. 

Christian Marsh, 

Acting 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 the Methodology 

V. Currency Conversion 

VI. Recommendation 

[FR Doc. 2021–19004 Filed 9–1–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Advance Notification of 

Sunset Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

Background 

Every five years, pursuant to the Tariff 

Act of 1930, as amended (the Act), the 

Department of Commerce (Commerce) 

and the International Trade Commission 

automatically initiate and conduct 

reviews to determine whether 

revocation of a countervailing or 

antidumping duty order or termination 

of an investigation suspended under 

section 704 or 734 of the Act would be 

likely to lead to continuation or 

recurrence of dumping or a 

countervailable subsidy (as the case may 

be) and of material injury. 


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