[Federal Register: August 9, 2004 (Volume 69, Number 152)]
[Notices]
[Page 48203-48204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au04-44]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-813]
Antidumping Duty Order: Polyethylene Retail Carrier Bags From
Malaysia
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.
FOR FURTHER INFORMATION CONTACT: David Dirstine, AD/CVD Enforcement,
Office 5, Import Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-4033.
SUPPLEMENTARY INFORMATION:
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
below.
------------------------------------------------------------------------
Weighted-average
Producer or exporter percent margin
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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
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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]
BILLING CODE 3510-DS-P