[Federal Register: February 9, 2004 (Volume 69, Number 26)]
[Notices]
[Page 6004-6005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe04-81]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1043-1045 (Final)]
Polyethylene Retail Carrier Bags From China, Malaysia, and
Thailand
AGENCY: International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigations Nos. 731-TA-1043-1045 (Final)
under Sec. 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the
Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of less-than-fair-value imports from China,
Malaysia, and Thailand of polyethylene retail carrier bags, provided
for in subheading 3923.21.00 of the Harmonized Tariff Schedule of the
United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``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 .035 inch (0.889 mm) and no less than .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 investigations 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).''
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: January 26, 2004.
FOR FURTHER INFORMATION CONTACT: Olympia Hand, (202) 205-3182, Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on (202) 205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at (202) 205-2000. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that imports of polyethylene retail carrier bags
from China, Malaysia, and Thailand are being sold in the United States
at less than fair value within the meaning of Sec. 733 of the Act (19
U.S.C. 1673b). The investigations were requested in a petition filed on
June 20, 2003, by PCL Packaging, Inc., Barrie, Ontario; Sonoco Products
Co., Hartsville, SC; Superbag Corp., Houston, TX; Vanguard Plastics,
Inc., Farmers Branch, TX; and Interplast Group, Ltd., Livingston, NJ;
collectively known as the Polyethylene Retail Carrier Bag Committee.
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing
[[Page 6005]]
date specified in this notice. A party that filed a notice of
appearance during the preliminary phase of the investigations need not
file an additional notice of appearance during this final phase. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will
make BPI gathered in the final phase of these investigations available
to authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on May 26,
2004, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on June 10,
2004, at the U.S. International Trade Commission Building. Requests to
appear at the hearing should be filed in writing with the Secretary to
the Commission on or before June 3, 2004. A nonparty who has testimony
that may aid the Commission's deliberations may request permission to
present a short statement at the hearing. All parties and nonparties
desiring to appear at the hearing and make oral presentations should
attend a prehearing conference to be held at 9:30 a.m. on June 7, 2004,
at the U.S. International Trade Commission Building. Oral testimony and
written materials to be submitted at the public hearing are governed by
Sec.Sec. 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is June 3, 2004. Parties may also file written
testimony in connection with their presentation at the hearing, as
provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is June
17, 2004; witness testimony must be filed no later than three days
before the hearing. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the investigations
on or before June 17, 2004. On July 6, 2004, the Commission will make
available to parties all information on which they have not had an
opportunity to comment. Parties may submit final comments on this
information on or before July 8, 2004, but such final comments must not
contain new factual information and must otherwise comply with Sec.
207.30 of the Commission's rules. All written submissions must conform
with the provisions of Sec. 201.8 of the Commission's rules; any
submissions that contain BPI must also conform with the requirements of
Sec.Sec. 201.6, 207.3, and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means, except to the extent
permitted by Sec. 201.8 of the Commission's rules, as amended, 67 FR
68036 (November 8, 2002).
In accordance with Sec.Sec. 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: February 3, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-2659 Filed 2-6-04; 8:45 am]
BILLING CODE 7020-02-P