AD: Indonesia Polyethylene Retail Carrier Bags
The International Trade Administration has made a preliminary affirmative antidumping determination that polyethylene retail carrier bags (PRCBs) from Indonesia 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 Indonesia with a time of entry on or after November 3, 2009.
AD Cash Deposit Requirements
The ITA will also direct CBP to require a cash deposit or bond for entries of PRCBs from Indonesia with a time of entry on or after November 3, 2009 at the following AD duty rates:
| Company | Prelim AD Rate |
|---|---|
| P.T. Sido Bangun Indonesia (SBI) | 67.62% |
| P.T. Super Exim Sari Ltd. and P.T. Super Makmur (collectively, SESSM) | 67.18% |
| All Others | 67.40% |
(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 SBI and SESSM and asserted that the ITA should apply the average-to-transaction methodology in calculating the margin for SBI and SESSM.
As a result of its analysis, the ITA preliminarily determines that there is a pattern of export prices (EPs) for comparable merchandise that differ significantly among certain customers and time periods for SBI and among time periods for SESSM. 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 also postponing the deadline for its final determination until 135 days from November 3, 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 today's issue of ITT, 09110340, for BP summary of the ITA's preliminary affirmative AD duty determination for PRCBs from Vietnam.
See ITT's Online Archives or 10/27/09 news, 09102735, for BP summary of the ITA's preliminary affirmative AD duty determination for PRCBs from Taiwan.
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 - Thomas Schauer (202) 482-0410
ITA notice (FR Pub 11/03/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-26431.pdf
ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-indonesia-vietnam-prcb-ad-prelim-102809.pdf