Daily Rules, Proposed Rules, and Notices of the Federal Government
On October 27, 2009, the Department issued a preliminary determination that polyethylene retail carrier bags from Indonesia are being, or are likely to be, sold in the United States at less than fair value as provided in section 733 of the Tariff Act of 1930, as amended (the Act). See
The period of investigation is January 1, 2008, through December 31, 2008.
The merchandise subject to this investigation is polyethylene retail carrier bags, which also 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 (15.24 cm) but not longer than 40 inches (101.6 cm).
Polyethylene retail carrier bags are typically provided without any consumer packaging and free of charge by retail establishments,
Imports of merchandise included within the scope of this investigation are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). This subheading may also cover products that are outside the scope of this investigation. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.
Ministerial errors are defined in section 735(e) of the Act as “errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.” Section 351.224(e) of the Department's regulations provides that the Department “will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.” A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination, or (2) a difference between a weighted-average dumping margin of zero or
SESSM argues that the Department treated SESSM as a single entity throughout the
SESSM asserts that, as a result of the oversight, the Department also used the manufacturer code to segregate SES's sales and cost data from SM's sales and cost data for cost-test purposes. SESSM suggests that the Department revise the calculation programs to use one unified manufacturer code for model-matching and cost-test purposes. SESSM asserts that its suggested programming language is consistent with other investigations and reviews in which the Department has had to consider U.S., home-market, or third-country sales by multiple affiliated companies within a single entity.
SESSM claims that these ministerial errors in the calculation of an antidumping duty margin in the
We agree with SESSM that we intended to treat SES and SM as a single entity. See,
We determine that SESSM's allegations qualify as significant ministerial errors as defined in 19 CFR 351.224(g) because they result in a change of more than five absolute percentage points to the antidumping duty margin for SESSM and is not less than 25 percent of the original weighted-average dumping margin. Accordingly, we have corrected these errors SESSM alleged. To correct these errors, we have used an identical manufacturer code for purposes of matching U.S. and home-market sales and conducting the cost test for this amended preliminary determination. See more details in the SESSM amended preliminary determination analysis memorandum dated concurrently with the issuance of this amended preliminary determination. As a result of correcting these significant ministerial errors in the
The collection of bonds or cash deposits and suspension of liquidation will be revised accordingly and parties will be notified of this determination in accordance with sections 733(d) and (f) of the Act. The effective date of the implementation of collection of bonds or cash deposits and suspension of liquidation as revised in this amended preliminary determination will be the effective date of the
In accordance with section 733(f) of the Act, we have notified the International Trade Commission (ITC) of our amended preliminary determination. If our final determination is affirmative, the ITC will make its final determination no later than 45 days after our final determination as to whether imports of polyethylene retail carrier bags from Indonesia are materially injuring, or threatening material injury to, the U.S. industry. See section 735(b)(2) of the Act.
This amended determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).