[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Notices]
[Pages 23667-23669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10254]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-560-822, A-583-843, A-552-806


Antidumping Duty Orders: Polyethylene Retail Carrier Bags from 
Indonesia, Taiwan, and the Socialist Republic of Vietnam

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing antidumping duty orders on polyethylene 
retail carrier bags (PRCBs) from Indonesia, Taiwan, and the Socialist 
Republic of Vietnam (Vietnam). On April 26, 2010, the ITC notified the 
Department of its affirmative determination of the threat of material 
injury to a U.S. industry. Pursuant to section 736(a) of the Tariff Act 
of 1930, as amended (the Act), the Department of Commerce is issuing 
the antidumping duty orders on PRCBs from Indonesia, Taiwan, and 
Vietnam.

EFFECTIVE DATE: May 4, 2010

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun (Indonesia) at (202) 
482-5760 and Dmitry Vladimirov (Taiwan) at (202) 482-0665, AD/CVD 
Operations, Office 5, and Shawn Higgins (Vietnam) at (202) 482-0679, 
AD/CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On March 26, 2010, the Department published its affirmative final 
determination of sales at less than fair value in the antidumping duty 
investigation of PRCBs from Taiwan. See Polyethylene Retail Carrier 
Bags from Taiwan: Final Determination of Sales at Less Than Fair Value, 
75 FR 14569 (March 26, 2010). On April 1, 2010, the Department 
published its affirmative final determinations of sales at less than 
fair value in the antidumping duty investigations of PRCBs from 
Indonesia and Vietnam. See Polyethylene Retail Carrier Bags From 
Indonesia: Final Determination of Sales at Less Than Fair Value, 75 FR 
16431 (April 1, 2010), and Polyethylene Retail Carrier Bags From the 
Socialist Republic of Vietnam: Final Determination of Sales at Less 
Than Fair Value, 75 FR 16434 (April 1, 2010).
    On April 26, 2010, the ITC notified the Department of its final

[[Page 23668]]

determination, pursuant to section 735(d) of the Act, that an industry 
in the United States is threatened with material injury by reason of 
less-than-fair-value imports of PRCBs from Indonesia, Taiwan, and 
Vietnam. See section 735(b)(1)(A)(i) of the Act and Polyethylene Retail 
Carrier Bags from Indonesia, Taiwan, and Vietnam, Investigation Nos. 
701-TA-462 and 731-TA-1156-1158 (Final), USITC Publication 4144 (April 
2010).

Scope of the Orders

    The merchandise subject to these antidumping duty orders are PRCBs, 
which also 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 (15.24 cm) 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 these antidumping duty 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.
    Imports of merchandise included within the scope of these 
antidumping duty orders are currently classifiable under statistical 
category 3923.21.0085 of the Harmonized Tariff Schedule of the United 
States (HTSUS). This subheading may also cover products that are 
outside the scope of these antidumping duty orders. Although the HTSUS 
subheading is provided for convenience and customs purposes, the 
written description of the scope of these antidumping duty orders is 
dispositive.

Antidumping Duty Orders

    On April 26, 2010, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination that an 
industry in the United States is threatened with material injury within 
the meaning of section 735(b)(1)(A)(ii) of the Act by reason of less-
than-fair-value imports of PRCBs from Indonesia, Taiwan, and Vietnam.
    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 instruction by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds U.S. price 
of the merchandise for all relevant entries of PRCBs from Indonesia, 
Taiwan, and Vietnam.
    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury, other than threat of material injury described in 
section 736(b)(1) of the Act. Section 736(b)(1) states that, 
``{i{time} f the Commission, in its final determination under section 
735(b), finds material injury or threat of material injury which, but 
for the suspension of liquidation under section 733(d)(2) would have 
led to a finding of material injury, then entries of the subject 
merchandise, the liquidation of which has been suspended under section 
733(d)(2), shall be subject to the imposition of antidumping duties 
under section 731.'' In addition, section 736(b)(2) of the Act requires 
CBP to release any bond or other security and refund any cash deposit 
made of estimated antidumping duties posted since the Department's 
preliminary antidumping duty determinations.
    Because the ITC's final determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since the Department's preliminary determinations, section 
736(b)(2) of the Act is applicable. According to section 736(b)(2) of 
the Act, where the ITC finds threat of material injury, duties shall 
only be assessed on subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
ITC's notice of final determination. In addition, section 736(b)(2) of 
the Act requires CBP to refund any cash deposits or bonds of estimated 
antidumping duties posted since the preliminary antidumping 
determinations and prior to the ITC's notice of final determination.
    Therefore, on or after the date of publication of the ITC's notice 
of final determination in the Federal Register, CBP will require, 
pursuant to section 736(a)(3) of the Act, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated dumping margins listed below. The all-
others rates for Indonesia and Taiwan apply to all Indonesian and 
Taiwanese producers or exporters not specifically listed. The Vietnam-
wide rate applies to all Vietnamese exporters of subject merchandise 
not specifically listed.
    The antidumping duty margins and cash-deposit rates are as follows:

                                Indonesia
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      Producer or Exporter           Antidumping Duty Percent Margin
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P.T. Sido Bangun Indonesia.....                                    85.17
P.T. Super Exim Sari Ltd. and                                      69.64
 P.T. Super Makmur.............
All Others.....................                                    69.64
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                                 Taiwan
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      Producer or Exporter           Antidumping Duty Percent Margin
------------------------------------------------------------------------
Ipsido Corporation.............                                    95.81
TCI Plastic Co., Ltd...........                                    36.54
All Others.....................                                    36.54
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[[Page 23669]]


                                        Socialist Republic of Vietnam\1\
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                                                                                      Antidumping-Duty Percent
               Manufacturer                                Exporter                            Margin
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Alpha Plastics (Vietnam) Co., Ltd.[caret]            Alpha Plastics (Vietnam) Co.,                         52.30
                                                                       Ltd.[caret]
Alta Company[deg]........................                        Alta Company[deg]                         52.30
Ampac Packaging Vietnam Ltd.[caret]......     Ampac Packaging Vietnam Ltd. [caret]                         52.30
BITAHACO*................................                                BITAHACO*                         52.30
Chin Sheng Co., Ltd.*....................                    Chin Sheng Co., Ltd.*                         52.30
Chung Va (Vietnam) Plastic Packaging Co.,        Chung Va Century Macao Commercial                         52.30
 Ltd.[caret].............................                  Offshore Limited[caret]
Hanoi 27-7 Packaging Company Limited, aka  Hanoi 27-7 Packing Company Limited, aka                         52.30
 Hanoi 27-7 Packaging Company Limited,      Hanoi 27-7 Packing Company Limited,aka
 aka HAPACK Co. Ltd, aka HAPACK[deg].....          HAPACK Co. Ltd, aka HAPACK[deg]
Hoi Hung Company Limited[caret]..........                Kong Wai Polybag Printing                         52.30
                                                                    Company[caret]
Kinsplastic Vietnam Ltd. Co.[caret]......      Kinsplastic Vietnam Ltd. Co.[caret]                         52.30
Loc Cuong Trading Producing Company            Loc Cuong Trading Producing Company                         52.30
 Limited, aka Loc Cuong Trading Producing           Limited, aka Loc Cuong Trading
 Company, aka Loc Cuong Trading Producing         Producing Company, aka Loc Cuong
 Co. Ltd.*...............................              Trading Producing Co. Ltd.*
Ontrue Plastics Co., Ltd.                                Ontrue Plastics Co., Ltd.                         52.30
 (Vietnam)[caret]........................                         (Vietnam)[caret]
Richway Plastics Vietnam Co., Ltd.[caret]            Richway Plastics Vietnam Co.,                         52.30
                                                                       Ltd.[caret]
RKW Lotus Limited Co., Ltd., aka RKW          RKW Lotus Limited Co., Ltd., aka RKW                         52.30
 Lotus Limited, aka RKW Lotus Ltd.[caret]             Lotus Limited, aka RKW Lotus
                                                                       Ltd.[caret]
VINAPACKINK Co., Ltd.*...................                   VINAPACKINK Co., Ltd.*                         52.30
VN K's International Polybags Joint Stock     K's International Polybags MFG Ltd *                         52.30
 Company *...............................
VN Plastic Industries Co. Ltd.[caret]....    VN Plastic Industries Co. Ltd.[caret]                         52.30
Vietnam-Wide Entity\2\...................  .......................................                         76.11
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\1\ The symbol ``[caret]''designates companies as foreign-owned separate-rate recipients, ``*'' designates
  companies as Vietnamese separate-rate recipients, and ``[deg]'' designates companies as state-owned separate-
  rate recipients.
\2\ Advance Polybag Co., Ltd., Fotai Vietnam Enterprise Corp., Green Care Packaging Industrial (Vietnam) Co., An
  Phat Plastic and Packing Joint Stock Co., Genius Development Ltd., J.K.C. Vina Co., Ltd., are all part of the
  Vietnam-wide entity.

    In accordance with section 736(b)(2) of the Act and 19 CFR 
351.211(b), the Department will instruct CBP to terminate the 
suspension of liquidation for entries of PRCBs from Indonesia, Taiwan, 
and Vietnam entered, or withdrawn from warehouse, for consumption and 
refund any cash deposits made and release any bonds posted for 
estimated antidumping duties between the dates of publication of the 
Department's preliminary determinations on October 27, 2009,\3\ for 
Taiwan and November 3, 2009,\4\ for Indonesia and Vietnam and the day 
before publication of the ITC's final determination in the Federal 
Register.
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    \3\ See Polyethylene Retail Carrier Bags From Taiwan: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 74 FR 55183 (October 27, 2009).
    \4\ See Polyethylene Retail Carrier Bags from Indonesia: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 74 FR 56807 (November 3, 2009), 
and Polyethylene Retail Carrier Bags From the Socialist Republic of 
Vietnam: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 74 FR 56813 (November 3, 
2009).
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    This notice constitutes the antidumping duty orders with respect to 
PRCBs from Indonesia, Taiwan, and Vietnam pursuant to section 736(a) of 
the Act. Interested parties may contact the Central Records Unit of the 
main Department of Commerce building, Room 1117, for copies of an 
updated list of antidumping duty orders currently in effect.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: April 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10254 Filed 5-3-10; 8:45 am]
BILLING CODE 3510-DS-S