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Polyethylene Retail Carrier Bags From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2012-2013

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Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce.


The Department of Commerce (the Department) is rescinding its administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People's Republic of China (PRC) for the period of review (POR) August 1, 2012, through July 31, 2013.


Effective Date: January 17, 2014.

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Jerrold Freeman at 202-482-0180 or Minoo Hatten at 202-482-1690, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

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On August 1, 2013, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on PRCBs from the PRC for the POR August 1, 2012, through July 31, 2013.[1] On August 30, 2013, the Department received a timely request from the petitioners, the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corporation, to conduct an administrative review with respect to Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, Ltd. (collectively, Nozawa) in accordance with 19 CFR 351.213(b).[2] On October 2, 2013, in accordance with section 751(a) of the Tariff Act of 1930, as amended (Act) and 19 CFR 351.221(c)(1)(i), the Department initiated an administrative review of the antidumping duty order on PRCBs from the PRC with respect to Nozawa.[3]

On December 18, 2013, the petitioners timely withdrew their request for an administrative review of Nozawa.[4]

Rescission of Review

Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, “in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” The petitioners withdrew their request for review within the 90-day time limit. Because no other party requested a review, the Department is rescinding the administrative review of the antidumping duty order on PRCBs from the PRC in full, pursuant to 19 CFR 351.213(d)(1).


The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of PRCBs from the PRC during the POR at rates equal to the cash deposit or bonding rate of Start Printed Page 3180estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice in the Federal Register.


This notice 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 doubled antidumping duties.

This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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 the terms of an APO is a sanctionable violation.

This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).

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Dated: January 13, 2014.

Christian Marsh,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

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1.  See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 78 FR 46573 (August 1, 2013).

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2.  See letter from the petitioners to the Department, “Polyethylene Retail Carrier Bags from the People's Republic of China: Request for Administrative Review” (August 30, 2013).

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3.  See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 60834 (October 2, 2013).

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4.  See letter from the petitioners to the Department, “Polyethylene Retail Carrier Bags from the People's Republic of China: Withdrawal of Request for Administrative Review” (December 18, 2013).

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[FR Doc. 2014-00907 Filed 1-16-14; 8:45 am]