[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49309-49310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19004]



[[Page 49309]]

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

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\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020).
    \2\ See 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).
---------------------------------------------------------------------------

    On March 31, 2021, Commerce extended the deadline for issuing the 
preliminary results of this review.\3\ The current deadline is August 
31, 2021.
---------------------------------------------------------------------------

    \3\ See 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.
---------------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                   Exporter/producer                     average dumping
                                                              margin
                                                            (percent)
------------------------------------------------------------------------
Euro SME Sdn. Bhd.; and Euro Nature Green Sdn. Bhd.\4\.            0.00
------------------------------------------------------------------------

Verification
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \5\ See Petitioners' Letter, ``Polyethylene Retail Carrier Bags 
from Malaysia: Request for Verification,'' dated December 31, 2020.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(c).
    \7\ See 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).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
    \10\ See 19 CFR 351.303(f).
    \11\ See Temporary Rule.
---------------------------------------------------------------------------

    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

[[Page 49310]]

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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \13\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \14\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \16\ See Antidumping Duty Order: Polyethylene Retail Carrier 
Bags from Malaysia, 69 FR 48203 (August 9, 2004).
---------------------------------------------------------------------------

    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