[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53470-53472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24540]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-886, A-557-813, A-549-821]


Polyethylene Retail Carrier Bags From the People's Republic of 
China, Thailand, and Malaysia: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders

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

SUMMARY: On July 1, 2009, the Department of Commerce (the Department) 
initiated sunset reviews of the antidumping duty orders on polyethylene 
retail carrier bags (PRCBs) from the People's Republic of China (PRC), 
Thailand, and Malaysia pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). See Initiation of Five-year (``Sunset'') 
Review, 74 FR 31412 (July 1, 2009). The Department has conducted 
expedited (120-day) sunset reviews for these orders. As a result of 
these sunset reviews, the Department finds that revocation of the 
antidumping duty orders would be likely to lead to continuation or 
recurrence of dumping as indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Effective Date: October 19, 2009.

FOR FURTHER INFORMATION CONTACT: Dustin Ross or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0747 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2009, the Department published the notice of initiation 
of the sunset reviews of the antidumping duty orders \1\ on PRCBs from 
the PRC, Malaysia, and Thailand pursuant to section 751(c) of the Act. 
See Initiation of Five-year (``Sunset'') Reviews, 74 FR 31412 (July 1, 
2009) (Notice of Initiation).
---------------------------------------------------------------------------

    \1\ On August 9, 2004, the Department published the following 
antidumping duty orders: Antidumping Duty Order: Polyethylene Retail 
Carrier Bags From the People's Republic of China, 69 FR 48201 
(August 9, 2004); Antidumping Duty Order: Polyethylene Retail 
Carrier Bags From Malaysia, 69 FR 48203 (August 9, 2004); 
Antidumping Duty Order: Polyethylene Retail Carrier Bags From 
Thailand, 69 FR 48204 (August 9, 2004).
---------------------------------------------------------------------------

    The Department received notices of intent to participate in these 
sunset reviews from the Polyethylene Retail Carrier Bag Committee and 
its individual members, Hilex Poly Co., LLC, Superbag Corporation, 
Unistar Plastics LLC, Command Packaging, Roplast Industries Inc., and 
Genpack LLC (collectively, the Committee) within the 15-day period 
specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties 
claimed interested-party status under section 771(9)(C) of the Act as 
producers of a domestic like product in the United States.
    The Department received complete substantive responses to the 
Notice of Initiation from the domestic interested parties within the 
30-day period specified in 19 CFR 351.218(d)(3)(i). The Department 
received no substantive responses from any respondent interested 
parties. On the basis of a notice of intent to participate and adequate 
substantive responses filed on behalf of the domestic interested 
parties and no responses filed on behalf of respondent interested 
parties and in accordance with 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department is conducting expedited (120-
day) sunset reviews of the

[[Page 53471]]

antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand.

Scope of the Orders

    The product covered in the sunset reviews of the antidumping duty 
orders on PRCBs from the PRC, Malaysia, and Thailand is 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 scopes of the orders exclude (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.
    As a result of changes to the Harmonized Tariff Schedule of the 
United States (HTSUS), imports of the subject merchandise are currently 
classifiable under statistical category 3923.21.0085 of the HTSUS. 
Furthermore, although the HTSUS subheading is provided for convenience 
and customs purposes, the written descriptions of the scopes of the 
orders are dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Polyethylene Retail Carrier Bags from the 
People's Republic of China, Malaysia, and Thailand'' from Acting Deputy 
Assistant Secretary John M. Andersen to Acting Assistant Secretary 
Ronald K. Lorentzen dated concurrently with this notice (Decision 
Memo), which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
orders were revoked. Parties can find a complete discussion of all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum which is on file in the Central Records Unit, 
Room 1117 of the main Department of Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Reviews

    The Department determines that revocation of the antidumping duty 
orders on PRCBs from the PRC, Malaysia, and Thailand would be likely to 
lead to continuation or recurrence of dumping at the following 
weighted-average percentage margins:

------------------------------------------------------------------------
                                                       Weighted-average
           Country                    Company          margin  (percent)
------------------------------------------------------------------------
PRC..........................  Dongguan Nozawa                     23.22
                                Plastics Products
                                Co., Ltd. and United
                                Power Packaging,
                                Ltd. (formerly
                                Dongguan Huang Jiang
                                United Wah Plastic
                                Bag Factory).
                               Rally Plastics                      23.85
                                Company, Ltd.
                               Shanghai Glopack                    19.79
                                Packing Company,
                                Ltd., and Sea Lake
                                Polyethylene
                                Enterprise, Ltd.
                               Xiamen Ming Pak                     35.58
                                Plastics Company,
                                Ltd.
                               Zhongshan Dongfeng                  41.28
                                Hung Wai Plastic Bag
                                Manufactory.
                               Beijing Lianbin                     25.69
                                Plastics and
                                Printing Company,
                                Ltd.
                               Dongguan Maruman                    25.69
                                Plastic Packaging
                                Co., Ltd. (formerly
                                Dongguan Zhongqiao
                                Combine Plastic Bag
                                Factory).
                               Good-in Holdings, Ltd               25.69
                               Guangdong Esquel                    25.69
                                Packaging Co., Ltd.
                               Nan Sing Plastics,                  25.69
                                Ltd.
                               Ningbo Fanrong                      25.69
                                Plastics Products
                                Co., Ltd.
                               Ningbo Huansen                      25.69
                                Plasthetics Co., Ltd.
                               Rain Continent                      25.69
                                Shanghai Company,
                                Ltd.
                               Shanghai Dazhi                      25.69
                                Enterprise
                                Development Company,
                                Ltd.
                               Shanghai Fangsheng                  25.69
                                Coloured Packaging
                                Company, Ltd.
                               Shanghai Jingtai                    25.69
                                Packaging Material
                                Company, Ltd.
                               Shanghai Light                      25.69
                                Industrial Products
                                Import and Export
                                Corporation.
                               Shanghai Minmetals                  25.69
                                Development, Ltd.
                               Shanghai New Ai Lian                25.69
                                Import and Export
                                Company, Ltd.
                               Shanghai Overseas                   25.69
                                International
                                Trading Company, Ltd.
                               Shanghai Yafu                       25.69
                                Plastics Industries
                                Company, Ltd.
                               Weihai Weiquan                      25.69
                                Plastic and Rubber
                                Products Company,
                                Ltd.
                               Xiamen Xingyatai                    25.69
                                Industry Company,
                                Ltd.
                               Xinhui Henglong......               25.69
                               PRC-wide Rate........               77.57
Malaysia.....................  Teong Chuan Plastic                101.74
                                and Timber Sdn. Bhd.
                               Brandpak Industries                101.74
                                Sdn. Bhd.
                               Gants Pac Industries.              101.74
                               Sido Bangun Sdn. Bhd.              101.74
                               Zhin HinlChin un                   101.74
                                Plastic Manufacturer
                                Sdn. Bhd.
                               All Others...........               84.94
Thailand.....................  Thai Plastic Bags                    2.26
                                Industries Co., Ltd.

[[Page 53472]]

 
                               Universal Polybags                   5.35
                                Co. Ltd./Advance
                                Polybags Inc./Alpine
                                Plastics Inc./API
                                Enterprises Inc.
                               TRC Polypack.........              122.88
                               Champion Paper                     122.88
                                Polybags Ltd.
                               Zip-Pac Co., Ltd./                 122.88
                                King Pac Industrial
                                Co., Ltd./King Pak/
                                Zippac/Dpac
                                Industrial/Kingbag/
                                KP.
                               All Others...........                2.80
------------------------------------------------------------------------

Notification Regarding APO

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.
    The Department is issuing and publishing the final results and 
notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the 
Act.

    Dated: October 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-24540 Filed 10-16-09; 8:45 am]
BILLING CODE 3510-DS-M