[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38978-38979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16510]
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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, Malaysia, and Thailand: Continuation of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Department) and the International Trade Commission (ITC) that
revocation of the antidumping duty orders on polyethylene retail
carrier bags (PRCBs) from the People's Republic of China (PRC),
Malaysia, and Thailand would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, the Department is publishing a notice of continuation of the
antidumping duty orders.
DATES: Effective Date: July 7, 2010.
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 initiated and the ITC instituted
sunset reviews of the antidumping duty orders on PRCBs from the PRC,
Malaysia, and Thailand \1\ 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); see also Polyethylene Retail
Carrier Bags From China, Malaysia, and Thailand, 74 FR 31750 (July 2,
2009).
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\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).
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As a result of these sunset reviews, the Department determined 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 and notified the ITC of the magnitude of the
margins likely to prevail should the orders be revoked. See
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, 74 FR 53470 (October 19, 2009).
On June 8, 2010, pursuant to section 752(a) of the Act, the ITC
determined that revocation of the antidumping duty orders on PRCBs from
the PRC, Malaysia, and Thailand would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time. See Polyethylene Retail Carrier
Bags From China, Malaysia, and Thailand; Determinations, 75 FR 36679
(June 28, 2010), and ITC Publication 4160 (June 2010) entitled
Polyethylene Retail Carrier Bags from China, Malaysia, and Thailand:
Inv. Nos. 731-TA-1043-1045 (Review).
Scopes of the Orders
The merchandise subject to the antidumping duty orders is PRCBs
which may be referred to as t-shirt sacks, merchandise bags, grocery
bags, or checkout bags. The subject merchandise is defined as
nonsealable sacks and bags with handles (including drawstrings),
without zippers or integral extruded closures, with or without
[[Page 38979]]
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.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of these antidumping duty orders would likely lead to
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
duty orders on PRCBs from the PRC, Malaysia, and Thailand.
U.S. Customs and Border Protection will continue to collect
antidumping duty cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise. The effective date of
continuation of these orders will be the date of publication in the
Federal Register of this notice of continuation. Pursuant to section
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of these orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: June 30, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-16510 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P