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Duty Investigations on Imports of
On January 20, the Department of Commerce (the Department) announced
its preliminary determinations in the antidumping duty investigations
on imports of polyethylene retail carrier bags (PRCBs) from the People's
Republic of China (PRC), Malaysia, and Thailand. We have preliminarily
found that producers/exporters have sold PRCBs in the U.S. market at less
than fair value, with margins ranging from 0.12 percent to 122.88 percent.
The Department is scheduled to make its final determinations in these
investigations in June 2004.
Next Steps: The Department will
consider comments from interested parties on its preliminary determinations
and evidence on the record in making its final determinations. In each
of these investigations, if the Department makes a final determination
that imports were sold below fair value, and the U.S. International Trade
Commission (ITC) makes a final affirmative determination that imports
were materially injuring, or threatening to materially injure, the domestic
injury, the Department will issue an antidumping order, and instruct the
U.S. Customs and Border Protection to collect cash deposits for antidumping
duties at the specified rate.
Petitioners: The petition requesting
these investigations was filed by the Polyethylene Retail Carrier Bag
(PRCB) Committee and its individual members, PCL Packaging, Inc., Sonoco
Products Company, Superbag Corp., Vanguard Plastics, Inc., and Inteplast
Product Description: The merchandise
subject to these investigations 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 .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 scopes of the investigations 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 the subject merchandise are classified 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 these
investigations. Furthermore, although the HTSUS subheading is provided
for convenience and customs purposes, our written descriptions of the
scopes of these investigations is dispositive.
Preliminary Dumping Margins:
*These deadlines may be extended under the governing statute.
**An order will be issued only in the event of final affirmative determinations by both the Department and the ITC.
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