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

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

SUMMARY:

In response to requests from interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene retail carrier bags from the People's Republic of China. The period of review is August 1, 2008, through July 31, 2009. The Department is rescinding this review.

DATES:

Effective Date: December 23, 2009.

FOR FURTHER INFORMATION CONTACT:

Bryan Hansen or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-3683 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

On August 9, 2004, we published in the Federal Register an antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People's Republic of China (PRC). See Antidumping Duty Order: Polyethylene Retail Carrier Bags From the People's Republic of China, 69 FR 48201 (August 9, 2004). On August 3, 2009, we published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order on PRCBs from the PRC. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 74 FR 38397 (August 3, 2009). On August 31, 2009, pursuant to section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, and Superbag Corporation (collectively, the petitioners), requested an administrative review of the order with respect to Dongguan Nozawa Plastics Products Co., Ltd., and United Power Packaging, Ltd. (collectively, Nozawa), exporters of PRCBs from the PRC. Also on August 31, 2009, pursuant to section 751(a) of the Act and 19 CFR 351.213(b), Chung Va Century Macao Commercial Offshore Ltd. (Chung Va Macao) and Chinese Factory Zhuhai Chintec Packaging Technology Enterprise Co., Ltd. (Chintec Packaging), requested an administrative review of the order with respect to their exports of PRCBs from the PRC. On September 22, 2009, in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an administrative review of the order. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 FR 48224 (September 22, 2009).

Rescission of Review in Part

In accordance with 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.” We received a notice of withdrawal from the petitioners with respect to Nozawa within the 90-day time limit. See letter from the petitioners dated November 17, 2009. Because the Department received no other requests for review of Nozawa, the Department is rescinding the review of the order with respect to Nozawa. We also received a notice of withdrawal from Chung Va Macao and Chintec Packaging within the 90-day limit. See letter dated November 20, 2009. Because the Department received no other requests for review of Chung Va Macao and Chintec Packaging, the Department is rescinding the review of the order with respect to Chung Va Macao and Chintec Packaging. This rescission is in accordance with 19 CFR 351.213(d)(1). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice.

Notification to Importer

This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 is published in accordance with section 777(i)(1) of the Act and 19 CFR 351.213(d)(4).