Export Compliance Daily is a service of Warren Communications News.

AD: Indonesia, Taiwan, Vietnam PE Retail Carrier Bags

The International Trade Administration has initiated antidumping duty investigations to determine whether imports of polyethylene retail carrier bags (PRCBs) from Indonesia, Taiwan, and Vietnam are being, or are likely to be, sold in the U.S. at less than fair value.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

6

Vietnam AD - Q&V Questionnaires Due May 11, Separate-Rate Apps Due June 26

In the AD investigation for Vietnam, the ITA will request quantity and value (Q&V) information from all known exporters and producers identified in the petition. The quantity and value data received from these non-market economy (NME) exporters/producers will be used as the basis to select the mandatory respondents. The ITA requests that Q&V questionnaires be submitted no later than May 11, 2009. The AD questionnaire is available at http://ia.ita.doc.gov/download/nme-sep-rates/vietnam-pcrb/vietnam-pcrb-qvq-042109.pdf.

The ITA requires exporters and producers seeking separate-rate status in the AD investigation to submit a separate-rate application by June 26, 2009. The application is available at http://ia.ita.doc.gov/nme/nmesep-rate.html.

The ITA requires that the respondents submit a response to both the Q&V questionnaire and a separate-rate application by the respective deadlines in order to receive consideration for separate-rate status.

Indonesia/Taiwan - Comments on Respondent Selection Due May 7th

For the AD investigations for Indonesia and Taiwan, the ITA intends to select respondents based on U.S. Customs and Border Protection data for U.S. imports under Harmonized Tariff Schedule number 3923.21.0085 during the investigation period. The ITA invites comments regarding the CBP data and respondent selection by May 7, 2009.

Comments on Physical Characteristics Due May 11th

The ITA is also requesting comments by May 11, 2009 from interested parties regarding the appropriate physical characteristics of PRCBs to be reported in response to the AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report more accurately the relevant factors and costs of production as well as to develop appropriate product comparison data. (Rebuttal comments must be received by May 21, 2009.)

Scope of the Investigations

The merchandise subject to these investigations is polyethylene retail carrier bags (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 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.

Scope exclusions.The scope of these investigation 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, trashcan liners.

HTS classification.Imports of merchandise included within the scope of this investigation are currently classifiable under Harmonized Tariff Schedule subheading 3923.21.0085. This subheading may also cover products that are outside the scope of this investigation. Furthermore, although the HTS subheading is provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

Comments on the Scope of the AD Investigations Due May 18th

Comments on the scope of these AD duty investigations are due by May 18, 2009.

(See today's ITT, 09042745, for BP summary of the ITA's initiation of a companion countervailing duty investigation for Vietnam.)

- ITA's preliminary AD duty determinations due no later than 09/08/09

- International Trade Commission's preliminary AD injury determinations due no later than 05/15/09

Dmitry Vladimirov (Indonesia & Taiwan)(202) 482-0665
Robert Bolling (Vietnam)(202) 482-3434

ITA notice (FR Pub 04/27/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-9567.pdf

ITA AD fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prcb-ad-init-042109.pdf