[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Pages 61056-61057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24156]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-843]


Polyethylene Retail Carrier Bags From Taiwan: Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of unfinished polyethylene retail carrier bags (PRCBs) from 
Taiwan are circumventing the antidumping duty order on PRCBs from 
Taiwan.\1\
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    \1\ See Antidumping Duty Orders: Polyethylene Retail Carrier 
Bags from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 
75 FR 23667 (May 4, 2010) (the Order).

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DATES: Effective October 9, 2014.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC, 20230; telephone: (202) 482-3477, and (202) 482-1690, 
respectively.

Background

    We initiated an anti-circumvention inquiry of the antidumping duty 
order on PRCBs from Taiwan on July 31, 2013, pursuant to section 781(a) 
of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 
351.225(g).\2\ We published the affirmative preliminary determination 
on June 2, 2014, finding that imports of unfinished PRCBs from Taiwan 
are circumventing the Order.\3\
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    \2\ See Polyethylene Retail Carrier Bags From Taiwan: Initiation 
of Anti-circumvention Inquiry on Antidumping Duty Order, 78 FR 46319 
(July 31, 2013).
    \3\ See Polyethylene Retail Carrier Bags From Taiwan: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order, 79 FR 31302 (June 2, 2014) (Preliminary 
Determination).
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    We invited interested parties to comment on the Preliminary 
Determination. We received no comments.

Scope of the Order

    The merchandise subject to the Order is 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

[[Page 61057]]

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). This subheading also covers products that are outside the 
scope of the order. Furthermore, although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of the order is dispositive.

Scope of the Circumvention Inquiry

    This circumvention inquiry covers merchandise from Taiwan that 
appears ready to undergo the final processing of cutting the unfinished 
PRCBs to length, sealing the bottoms, and die-cutting the unfinished 
PRCBs to create the handles of the finished PRCBs. The unfinished PRCBs 
subject to this inquiry may or may not have printing and may be of 
different dimensions as long as they otherwise meet the description of 
the scope of the order.

Final Determination

    In the Preliminary Determination, we determined that imports of 
unfinished PRCBs from Taiwan are circumventing the Order. Specifically, 
we determined that imports of unfinished PRCBs from Taiwan are being 
completed and sold in the United States pursuant to the statutory and 
regulatory criteria laid out in section 781(a) of the Act and 19 CFR 
351.225(g). We based our Preliminary Determination upon record evidence 
submitted by the petitioners and an importer, SmileMakers, Inc. For a 
complete discussion of the evidence which led to our preliminary 
determination, see the Preliminary Determination.\4\
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    \4\ Id.
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    Because no party provided any additional information or comments 
regarding our Preliminary Determination, our final determination 
remains unchanged from the Preliminary Determination. Accordingly, we 
determine, pursuant to section 781(a) of the Act and 19 CFR 351.225(g), 
that imports of unfinished PRCBs from the Taiwan are circumventing the 
Order.

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we intend to direct U.S. Customs and Border Protection 
to continue to suspend liquidation and to require a cash deposit of 
estimated antidumping duties at the applicable rate on unliquidated 
entries of merchandise subject to this inquiry that are entered, or 
withdrawn from warehouse, for consumption on or after July 31, 2013, 
the date of publication of the initiation of this inquiry.\5\
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    \5\ Id.
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Notifications to Interested Parties

    This notice serves as the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    This determination of circumvention is in accordance with section 
781(a) of the Act and 19 CFR 351.225(g).

     Dated: October 3, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-24156 Filed 10-8-14; 8:45 am]
BILLING CODE 3510-DS-P