June 8, 2010
News Release 10-059 CORRECTED -- note correction in second paragraph
Inv. Nos. 731-TA-1043-1045 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING POLYETHYLENE RETAIL CARRIER BAGS FROM CHINA, MALAYSIA, AND THAILAND

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on polyethylene retail carrier bags from China, Malaysia, and Thailand would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's affirmative determinations, the existing orders on imports of these products from China, Malaysia, and Thailand will remain in place.

All six Commissioners voted in the affirmative.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission's public report Polyethylene Retail Carrier Bags from China, Malaysia, and Thailand (Inv. Nos. 731-TA-1043-1045 (Review), USITC Publication 4160, June 2010) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after July 13, 2010, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.


BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Polyethylene Retail Carrier Bags from China, Malaysia, and Thailand were instituted on July 1, 2009.

On October 6, 2009, the Commission voted to conduct full reviews. With respect to Malaysia, all six Commissioners found that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to China and Thailand, all six Commissioners found that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

A record of the Commission's vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

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