[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44160-44162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20125]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-821]


Polyethylene Retail Carrier Bags From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 8, 2017, the Department of Commerc

e (Department) published the preliminary results of the administrative 
review (AR) of the antidumping duty (AD) order on polyethylene retail 
carrier bags (PRCBs) from Thailand. The period of review (POR) is 
August 1, 2015, through July 31, 2016. We invited parties to comment on 
the preliminary results. We received no comments. Accordingly, the 

final results remain unchanged from the preliminary results.DATES: 
Applicable September 21, 2017.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 
20230; telephone: (202) 482-6386.

SUPPLEMENTARY INFORMATION: 

Background

    On June 8, 2017, the Department published in the Federal Register 
the preliminary results of the 2015-2016 administrative review of the 
AD order on PRCBs from Thailand.\1\ In the Preliminary Results, we 
rescinded the review for mandatory respondent, Sahachit Watana Plastic 
Ind. Co. Ltd. (Sahachit) in accordance with 19 CFR 351.213(d)(1).\2\ In 
the Preliminary Results, we also preliminarily applied adverse facts 
available to mandatory

[[Page 44161]]

respondent Landblue (Thailand) Co., Ltd. (Landblue), pursuant to 
section 776(a) and (b) of the Tariff Act of 1930, as amended (the 
Act).\3\ In addition, in accordance with section 735(c)(5)(B) of the 
Act, the Department preliminarily assigned to the non-selected 
companies the only rate determined for an individual respondent in this 
review, 122.88 percent.\4\ Finally, in the Preliminary Results, we 
preliminarily determined that Super Grip Co., Ltd. (Super Grip) had no 
shipments during the POR.\5\ The Department gave interested parties an 
opportunity to comment on the Preliminary Results. None were received. 
The Department conducted this review in accordance with section 
751(a)(2) of the Act.
---------------------------------------------------------------------------

    \1\ See Polyethylene Retail Carrier Bags from Thailand: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2015-2016, 82 FR 26666 (June 8, 2017) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ Id. at 26667.
    \3\ Id. at 26667, 26668.
    \4\ Id. at 26667.
    \5\ Id.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to this 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 nonsealable 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 packaging and carrying merchandise from retail 
establishments, e.g., garbage bags, lawn bags, trash-can liners.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written description of the scope of the order 
is dispositive.

Final Determination of No Shipments

    As noted above, in the Preliminary Results, we preliminarily 
determined that Super Grip had no shipments during the POR.\6\ We 
received no comments from interested parties with respect to this 
claim. Therefore, because the record indicates that Super Grip did not 
export subject merchandise to the United States during the POR, and the 
Department has not received any information that would cause it to 
alter its Preliminary Results, we continue to find that Super Grip had 
no shipments during the POR.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Final Results of Review

    Because the Department received no comments after the Preliminary 
Results for consideration for these final results, we have made no 
changes to the Preliminary Results. We continue to determine that 
Landblue did not act to the best of its ability by failing to respond 
to the Department's questionnaires, pursuant to section 776(a) and (b) 
of the Act; that the application of adverse facts available to Landblue 
is warranted; and that the rate of 122.88 percent is appropriate to 
apply to Landblue as adverse facts available. This rate is the highest 
rate calculated in the Final LTFV \7\ and has been applied in each 
successive administrative review of this proceeding.\8\ Accordingly, 
pursuant to section 776(c)(2) of the Act, this rate does not require 
corroboration.
---------------------------------------------------------------------------

    \7\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122, 
34125 (June 18, 2004) (Final LTFV).
    \8\ See Final LTFV, 69 FR at 34123-34124; Polyethylene Retail 
Carrier Bags from Thailand: Final Results of Antidumping Duty 
Administrative Review, 72 FR 1982, 1983 (January 17, 2007); 
Polyethylene Retail Carrier Bags from Thailand: Final Results of 
Antidumping Duty Administrative Review and Partial Rescission of 
Antidumping Duty Administrative Review, 72 FR 64580, 64582 (November 
16, 2007); Polyethylene Retail Carrier Bags from Thailand: Final 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review, 74 FR 2511, 
2512 (January 15, 2009) (2006-2007 Final Results); and Polyethylene 
Retail Carrier Bags from Thailand: Final Results of Antidumping Duty 
Administrative Review, 74 FR 65751, 65752 (December 11, 2009).
---------------------------------------------------------------------------

    In addition, consistent with the Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States,\9\ we have 
determined that a reasonable method for determining the rate for the 
non-selected companies is to use the rate applied to the mandatory 
respondent (Landblue) in this administrative review.\10\ This is the 
only rate determined in this review for an individual respondent and, 
thus, should be applied to the 26 non-selected companies under section 
735(c)(5)(B) of the Act. Accordingly, we are assigning to the non-
selected companies the dumping margin of 122.88 percent.
---------------------------------------------------------------------------

    \9\ See Albermarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).
    \10\ See, e.g., Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe (Under 4\1/2\ Inches) From Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2014-2015, 81 FR 45124, 
45124 (July 12, 2016), unchanged in Certain Small Diameter Carbon 
and Alloy Seamless Standard, Line, and Pressure Pipe (Under 4\1/2\ 
Inches) From Japan: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2014-2015, 81 FR 
80640, 80641 (November 16, 2016).
---------------------------------------------------------------------------

    We therefore determine for these final results that the following 
weighted-average dumping margins on PRCBs from Thailand exist for the 
POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/Producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Landblue (Thailand) Co., Ltd................................      122.88
Apple Film Company, Ltd.....................................      122.88
Dpac Inter Corporation Co., Ltd.............................      122.88
Elite Poly and Packaging Co., Ltd...........................      122.88
Film Master Co., Ltd........................................      122.88
Inno Cargo Co., Ltd.........................................      122.88
Innopack Industry Co., Ltd..................................      122.88
K. International Packaging Co., Ltd.........................      122.88
King Bag Co., Ltd...........................................      122.88
King Pac Industrial Co., Ltd................................      122.88
M & P World Polymer Co., Ltd................................      122.88
Minigrip (Thailand) Co., Ltd................................      122.88
Multibax Public Co., Ltd....................................      122.88
Naraipak Co., Ltd...........................................      122.88
PMC Innopack Co., Ltd.......................................      122.88
Poly Plast (Thailand) Co., Ltd..............................      122.88
Poly World Co., Ltd.........................................      122.88
Prepack Thailand Co., Ltd...................................      122.88
Print Master Co., Ltd.......................................      122.88
Siam Best Products Trading Limited Partnership..............      122.88
Sun Pack Inter Co., Ltd.....................................      122.88
Superpac Corporation Co., Ltd...............................      122.88
Thai Origin Co., Ltd........................................      122.88
Thantawan Industry Public Co., Ltd..........................      122.88
Triple B Pack Co., Ltd......................................      122.88
Two Path Plaspack Co. Ltd...................................      122.88
Wing Fung Adhesive Manufacturing (Thailand) Co., Ltd........      122.88
------------------------------------------------------------------------

Assessment

    The Department has determined, and CBP shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.\11\ The Department intends to 
issue assessment instructions to CBP 15 days after the

[[Page 44162]]

date of publication of these final results of review. We will instruct 
CBP to apply an ad valorem assessment rate of 122.88 percent to all 
entries of subject merchandise during the POR which were produced and/
or exported by Landblue, and ad valorem assessment rate of 122.88 
percent to all entries of subject merchandise during the POR which were 
produced and/or exported by the 26 companies that were not selected for 
individual examination.\12\ Additionally, because the Department 
determined that Super Grip had no shipments of subject merchandise 
during the POR, for entries of merchandise produced by Super Grip, for 
which it did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate in effect during the POR if there is no rate for the 
intermediate company(ies) involved in the transaction.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b).
    \12\ See PDM, at ``Rate for Non-Examined Companies'' (for an 
explanation of how we preliminarily determined the rate of non-
selected companies).
    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates established in the final 
results of this review; (2) for merchandise exported by manufacturers 
or exporters not covered in this 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; (3) if the exporter is not a firm covered in this 
review, a prior review, or the less-than-fair-value 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 merchandise; (4) if neither the exporter nor the 
manufacturer has its own rate, the cash deposit rate will continue to 
be 4.69 percent, the all-others rate established in the order.\14\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \14\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act and Partial Revocation of 
the Antidumping Duty Order on Polyethylene Retail Carrier Bags from 
Thailand, 75 FR 48940 (August 12, 2010).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a final 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 subject 
to sanctions.
    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)(5).

    Dated: September 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-20125 Filed 9-20-17; 8:45 am]
 BILLING CODE 3510-DS-P