Notice2021-23375
Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Continuation of the Antidumping Duty Orders and Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on polyethylene retail carrier bags (PRCBs) from Indonesia, Malaysia, the People's Republic of China (China), Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam) and the countervailing duty (CVD) order on PRCBs from Vietnam would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
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[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59366-59367]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23375]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-822, A-557-813, A-570-886, A-583-843, A-549-821, A-552-806, C-
552-805]
Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the
People's Republic of China, Taiwan, Thailand, and the Socialist
Republic of Vietnam: Continuation of the Antidumping Duty Orders and
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on polyethylene
retail carrier bags (PRCBs) from Indonesia, Malaysia, the People's
Republic of China (China), Taiwan, Thailand, and the Socialist Republic
of Vietnam (Vietnam) and the countervailing duty (CVD) order on PRCBs
from Vietnam would likely lead to a continuation or recurrence of
dumping, countervailable subsidies, and material injury to an industry
in the United States, Commerce is publishing a notice of continuation
of these AD and CVD orders.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Claudia Cott or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4270 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2004, Commerce published in the Federal Register the
AD orders on PRCBs from Malaysia, China, and Thailand, and on May 4,
2010, the AD orders on PRCBs from Indonesia, Taiwan, and Vietnam and
the CVD order on PRCBs from Vietnam.\1\ On
[[Page 59367]]
March 31, 2021, Commerce initiated,\2\ and on April 1, 2021, the ITC
instituted,\3\ sunset reviews of the Orders, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from Malaysia, 69 FR 48203 (August 9, 2004); Antidumping Duty Order:
Polyethylene Retail Carrier Bags from the People's Republic of
China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order:
Polyethylene Retail Carrier Bags from Thailand, 69 FR 48204 (August
9, 2004); Antidumping Duty Orders: Polyethylene Retail Carrier Bags
from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 75 FR
23667 (May 4, 2010); and Polyethylene Retail Carrier Bags from the
Socialist Republic of Vietnam: Countervailing Duty Order, 75 FR
23670 (May 4, 2010) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 16701
(March 31, 2021).
\3\ See Polyethylene Retail Carrier Bags from China, Indonesia,
Malaysia, Taiwan, Thailand, and Vietnam; Institution of Five-Year
Reviews, 86 FR 17200 (April 1, 2021).
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As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of dumping and
countervailable subsidies. Commerce, therefore, notified the ITC of the
magnitude of the margins of dumping and net subsidies rates likely to
prevail should these Orders be revoked.\4\
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\4\ See Polyethylene Retail Carrier Bags from Indonesia,
Malaysia, the People's Republic of China, Taiwan, Thailand, and the
Socialist Republic of Vietnam: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders, 86 FR 35478 (July 6, 2021),
and accompanying Issues and Decision Memorandum (IDM); see also
Polyethylene Retail Carrier Bags from the Socialist Republic of
Vietnam: Final Results of the Expedited Second Five-Year Sunset
Review of the Countervailing Duty Order, 86 FR 43626 (August 10,
2021), and accompanying IDM.
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On October 21, 2021, the ITC published its determination that
revocation of the Orders would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time, pursuant to sections 751(c) and
752(a) of the Act.\5\
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\5\ See Polyethylene Retail Carrier Bags from China, Indonesia,
Malaysia, Taiwan, Thailand, and Vietnam; (Inv. Nos. 701-TA-462 and
731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third
Review)), 86 FR 58301 (October 21, 2021), see also Polyethylene
Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan,
Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158
(Second Review) and 731-TA1043-1045 (Third Review), USITC Pub. 5233
(October 2021).
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Scope of the Orders
The merchandise covered by the Orders 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 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. The scope of the orders 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, trash-can liners.
As a result of changes to the Harmonized Tariff Schedule of the
United States (HTSUS), imports of the subject merchandise are currently
classifiable under statistical category 3923.21.0085 of the HTSUS.
Furthermore, although the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of the
Orders is dispositive.\6\
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\6\ See Orders.
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Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of the Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of these Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
reviews of these Orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 21, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-23375 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 27, 2021.
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