[Federal Register: August 9, 2004 (Volume 69, Number 152)]
[Page 48203-48204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



International Trade Administration


Antidumping Duty Order: Polyethylene Retail Carrier Bags From 

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Pursuant to section 736(a) of the Tariff Act of 1930, as 
amended, the Department of Commerce is issuing an antidumping duty 
order on polyethylene retail carrier bags from Malaysia.

EFFECTIVE DATE: August 9, 2004.

Office 5, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-4033.


Scope of Order

    The merchandise subject to this antidumping duty order is 
polyethylene retail carrier bags (PRCBs) which 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 but not longer 
than 40 inches (101.6 cm).
    PRCBs are typically provided without any consumer packaging and 
free of charge by retail establishments, e.g., grocery, drug, 
convenience, department, specialty retail, discount stores, and 
restaurants, to their customers to package and carry their purchased 
products. The scope of the investigation excludes (1) polyethylene bags 
that are not printed with logos or store names and that are closeable 
with drawstrings made of polyethylene film and (2) polyethylene bags 
that are packed in consumer packaging with printing that refers to 
specific end-uses other than packaging and carrying merchandise from 
retail establishments, e.g., garbage bags, lawn bags, trash-can liners.
    Imports of the subject merchandise are currently classifiable under 
statistical category 3923.21.0090 of the Harmonized Tariff Schedule of 
the United States (HTSUS). This subheading also covers products that 
are outside the scope of this investigation. Furthermore, although the 
HTSUS subheading is provided for convenience and customs purposes, our 
written description of the scope of this investigation is dispositive.

Antidumping Duty Order

    On August 2, 2004, the International Trade Commission (ITC) 
notified the Department of Commerce (the Department) of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that the industry in the United States producing 
PRCBs is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of 
subject merchandise from Malaysia. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price of the merchandise 
for all relevant entries of PRCBs from Malaysia. These antidumping 
duties will be assessed on all unliquidated entries of PRCBs from 
Malaysia entered, or withdrawn from the warehouse, for consumption on 
or after January 26, 2004, the date on which the Department published 
its Notice of Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination: Polyethylene Retail 
Carrier Bags from Malaysia, 69 FR 3557 (January 26, 2004).
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to not more than six 
months. At the request of an exporter that accounts for a significant 
proportion of exports of PRCBs, we extended the four-month period to 
not more than six months. See 69 FR at 3558. In this investigation, the 
six-month period began on the date of the publication of the 
preliminary determination and ended on July 24, 2004. Therefore, in 
accordance with section 733(d) of the Act and our practice, we will 
instruct CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of PRCBs from Malaysia entered, or withdrawn from warehouse, for 
consumption on or after July 24, 2004, and before the date of 
publication of the

[[Page 48204]]

ITC's final injury determination in the Federal Register. Suspension of 
liquidation will continue on or after this date.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping margins listed below for all 
companies except Bee Lian Plastic Industries Sdn. Bhd (Bee Lian). 
Because we found a de minimis margin for Bee Lian, we are excluding 
merchandise manufactured and exported by this company from this order. 
The all-others rate applies to all entries of the subject merchandise 
except for entries from the companies that are identified individually 

                Producer or exporter                    percent margin
Teong Chuan Plastic and Timber Sdn. Bhd.............              101.74
Branpak Industries Sdn. Bhd.........................              101.74
Gants Pac Industries................................              101.74
Sido Bangun Sdn. Bhd................................              101.74
Zhin Hin/Chin Hin Plastic Manufacturer Sdn. Bhd.....              101.74
All Others..........................................               84.94

    This notice constitutes the antidumping duty order with respect to 
PRCBs from Malaysia, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room B-099 
of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: August 4, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-18265 Filed 8-6-04; 8:45 am]