Thailand PE Carrier Bags: AD Rates Amended for Zeroing, One Firm Revoked
The International Trade Administration is amending the antidumping duty rates to implement its determination under Section 129 of the Uruguay Round Agreements Act regarding the amended final AD duty determination and order for polyethylene retail carrier bags from Thailand, effective July 28, 2010.
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(In February 2010, the World Trade Organization Dispute Settlement Panel issued its findings in the dispute between the U.S. and Thailand regarding this investigation (DS383). The DSP concluded that the U.S. acted inconsistently with the WTO AD Agreement by using "zeroing" in the amended final determination and order to determine the dumping margins.
In March 2010, the U.S. formally announced its intent to implement the rulings and recommendations of the DSP within six months of its findings. See ITT's Online Archives or 03/29/10 news, 10032945, for BP summary.)
Order Now Revoked With Respect to TPBI
Upon recalculation, Thai Plastic Bags Industries Co., Ltd., Winner's Pack Co., Ltd., and APEC Film Ltd. (collectively, TPBI) does not have a dumping margin. Therefore, the ITA is revoking the order with respect to TPBI effective July 28, 2010, the date upon which the U.S. Trade Representative directed the ITA to implement its final results.
Accordingly, the ITA will instruct U.S. Customs and Border Protection to liquidate, without regard to AD duties, entries of the subject merchandise manufactured and exported by TPBI with a time of entry on or after July 28, 2010, and to discontinue the collection of AD duty for merchandise manufactured and exported by TPBI.
Suspension of Liquidation Continues for All Other Exporters/Producers
The ITA will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all other exporters or producers.
Cash Deposits Amended for Universal, All Others on/after July 28
The ITA will also instruct CBP to require a cash deposit at the amended AD duty rates below for entries of PE carrier bags from Thailand with a time of entry on or after July 28, 2010.
(The ITA notes that the amended all-others rate of 4.69% established in this section 129 determination will be the new cash deposit rate on or after July 28, 2010, for all exporters of subject merchandise for which the ITA has not calculated an individual rate.)
| Company | Amended AD Rate |
| Thai Plastic Bags Industries Co., Ltd., Winner's Pack Co., Ltd., and APEC Film Ltd. (collectively, TPBI) | 0.00% (from 2.26%) |
| Advance Polybag Inc., Alpine Plastics Inc., API Enterprises Inc., and Universal Polybag Co., Ltd. (collectively, Universal) | 4.69% (from 5.35%) |
| All Others | 4.69% (from 2.80%) |
The AD duty rates for Champion Paper Polybags Ltd.; TRC Polypack; and Zip-Pac Co., Ltd. remain 122.88%.
(See ITT’s Online Archives or 08/11/04 news, 04081140, for BP summary of the original AD duty order.
See ITT's Online Archives or 12/14/09 news, 09121450, for BP summary of the ITA’s most recent final results of administrative review for PE bags from Thailand, which are superseded by this Section 129 determination.)
ITA contact -- Thomas Schauer (202) 482-0410
(FR Pub 08/12/10, ITA Case No. A-549-821)