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AD: Taiwan Polyethylene Retail Carrier Bags

The International Trade Administration has made a preliminary affirmative antidumping determination that polyethylene retail carrier bags (PRCBs) from Taiwan are being, or are likely to be, sold in the U.S. at less than fair value.

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AD Suspension of Liquidation

The ITA will direct U.S. Customs and Border Protection to suspend liquidation of all entries of PRCBs from Taiwan with a time of entry on or after October 27, 2009.

AD Cash Deposit Requirements

The ITA will also direct CBP to require a cash deposit or bond for entries of PRCBs from Taiwan with a time of entry on or after October 27, 2009 at the following AD duty rates:

Manufacturer/ExporterPrelim AD Rate
Ipsido Corporation95.81%
TCI Plastic Co., Ltd.128.69%
All Others28.69%

1For this preliminary determination the ITA has treated affiliated producers TCI, Tis Dis International Co. Ltd., and Corporate Best Enterprise Co., Ltd. as a single entity for purposes of calculating an AD duty rate.

(The ITA notes that if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise.)

ITA Preliminarily Finds Targeted Dumping

In August 2009, the petitioners submitted an allegation of targeted dumping with respect to TCI and asserted that the ITA should apply the average-to-transaction methodology in calculating the margin for TCI.

As a result of its analysis, the ITA preliminarily determines that there is a pattern of export prices (EPs) and constructed export prices (CEPs) for comparable merchandise that differ significantly among certain customers, regions, and time periods for TCI. Because consideration of comments is still underway, for purposes of this preliminary determination, the ITA has applied the average-to-transaction methodology to any targeted sales and applied the average-to-average methodology to the remaining non-targeted sales.

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Postponement of Final AD Duty Determination

The ITA is postponing the deadline for its final determination until 135 days from October 27, 2009. Suspension of liquidation will be extended accordingly.

(See ITA notice for additional information, including the scope of the order (which is currently unchanged from the initiation notice), etc.

See ITT's Online Archives or 04/27/09 news, 09042750, for BP summary of the ITA's initiation of this investigation.

See ITT's Online Archives or 08/21/09 news, 09082140, for BP summary of the ITA's postponement of this preliminary determination.)

ITA contact - Dmitry Vladimirov (202) 482-0665

ITA notice (FR Pub 10/27/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25714.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-taiwan-prcb-101909.pdf