[Federal Register: July 15, 2004 (Volume 69, Number 135)]
[Notices]
[Page 42419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy04-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-821]
Notice of Amended Final Determination of Sales at Less Than Fair
Value: Polyethylene Retail Carrier Bags From Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 15, 2004.
FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Fred Aziz, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-4733.
Amendment to Final Determination
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended, (the Act), on June 18, 2004, the Department of
Commerce published its notice of final determination of sales at less
than fair value (LTFV) in the investigation of polyethylene retail
carrier bags (PRCBs) from Thailand. See Notice of Final Determination
of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags from
Thailand, 69 FR 34122 (June 18, 2004) (Final Determination) and
corresponding ``Issues and Decision Memorandum'' dated June 9, 2004. On
June 17, 2004, Advance Polybag Inc., Alpine Plastics Inc., API
Enterprises Inc., and Universal Polybag Co., Ltd. (collectively,
Universal,) filed a timely allegation stating that the Department made
a ministerial error in its final determination. On June 21, 2004, the
Polyethylene Retail Carrier Bag Committee and its individual members,
PCL Packing, Inc., Hilex Poly Co., LLC, Superbag Corp., Vanguard
Plastics Inc., and Inteplast Group, Ltd. (collectively, the
petitioners), filed submissions with respect to TPBG and Universal,
alleging that the Department had made ministerial errors in the Final
Determination. On June 25, 2004, Thai Plastic Bags Industries Co., Ltd.
(TPBI), Winner's Pack Co., Ltd., and APEC Film Ltd (APEC)
(collectively, the Thai Plastic Bags Industries Group (TPBG)), filed
comments rebutting the petitioners' ministerial-error allegations. On
June 28, 2004, Universal filed comments rebutting the petitioners'
ministerial-error allegations.
After analyzing Universal's, TPBG's, and the petitioners'
submissions, we have determined, in accordance with 19 CFR 351.224(e),
that we made the following ministerial errors in our calculations
performed for the final determination:
(1) We used the incorrect figure for Universal's CEP-profit ratio.
We should have changed the CEP-profit ratio figure to reflect our
decision to use TPBG's profit data for Universal in the Final
Determination.
(2) We incorrectly applied the duty drawback amounts for TPBG.
(3) We did not revise the brokerage and handling amounts for TPBG
correctly.
(4) We did not update the variable cost of manufacturing (COM) and
total COM as a result of the changes identified in the June 9, 2004,
memorandum from the Office of Accounting.
For a detailed discussion of the ministerial errors listed above,
as well as the Department's analysis, see the July 8, 2004, amended
final analysis memoranda for TPBG and Universal and the memorandum
entitled ``Antidumping Duty Investigation on Polyethylene Retail
Carrier Bags from Thailand--Amended Final Analysis Memo for All-Others
Rate,'' dated July 8, 2004.
Therefore in accordance with 19 CFR 351.224(e), we are amending the
final determination of sales at LTFV in the antidumping duty
investigation of PRCBs from Thailand. The revised dumping margins are
as follows:
------------------------------------------------------------------------
Original Amended
final final
Exporter/ manufacturer margin margin
(percent) (percent)
------------------------------------------------------------------------
TPBG............................................ 0.62 2.26
Universal....................................... 5.66 5.35
All others...................................... 5.66 2.80
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise from Thailand
(including entries of subject merchandise produced and exported by TPBG
because the weighted-average margin is no longer de minimis). We will
also instruct CBP to require a cash deposit or the posting of a bond
equal to the estimated amount by which the normal value exceeds the
U.S. price as indicated in the chart above. These instructions
suspending liquidation will remain in effect until further notice.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: July 7, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-15980 Filed 7-14-04; 8:45 am]