Notice2026-06560
Polyethylene Retail Carrier Bags From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Administrative Review; 2024-2025
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
April 6, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that that Crown Polyethylene Products (International) Ltd. (Crown) is not eligible for a separate rate and is part of the China- wide entity. Further, Commerce is rescinding, in part, the administrative review of the antidumping duty order on polyethylene retail carrier bags from the People's Republic of China (China) for the period of review (POR) August 1, 2024, through July 31, 2025, with respect to Dongguan Nozawa Plastics Products Co., Ltd., and United Power Packaging, Ltd. (collectively Nozawa). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Notices]
[Pages 17247-17250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06560]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-886]
Polyethylene Retail Carrier Bags From the People's Republic of
China: Preliminary Results and Partial Rescission of Antidumping
Administrative Review; 2024-2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that that Crown Polyethylene Products (International) Ltd.
(Crown) is not eligible for a separate rate and is part of the China-
wide entity. Further, Commerce is rescinding, in part, the
administrative review of the antidumping duty order on polyethylene
retail carrier bags from the People's Republic of China (China) for the
period of review (POR) August 1, 2024, through July 31, 2025, with
respect to Dongguan Nozawa Plastics Products Co., Ltd., and United
Power Packaging, Ltd. (collectively Nozawa). Interested parties are
invited to comment on these preliminary results.
DATES: Applicable April 6, 2026.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, 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) 482-5760.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2004, Commerce published in the Federal Register the
antidumping duty order on polyethylene retail carrier bags from
China.\1\ On August 1, 2025, Commerce published in the Federal Register
a notice of opportunity to request an administrative review of the
Order.\2\ On August 29, 2025, Hilex Poly Co., LLC and Superbag
Corporation (collectively, the petitioners) submitted timely requests
that Commerce conduct an administrative review of the Order with
respect to Nozawa and Crown.\3\
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\1\ See Antidumping Duty Order: Polyethylene Retail Carrier Bags
from the People's Republic of China, 69 FR 48201 (August 9, 2004)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 90 FR 36141 (August 1,
2025).
\3\ See Petitioners Letter, ``Request for Administrative
Review,'' dated August 29, 2025.
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On September 25, 2025, Commerce published in the Federal Register a
notice of initiation of an administrative
[[Page 17248]]
review with respect to imports of polyethylene retail carrier bags
exported and/or produced by Nozawa and Crown in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i).\4\ In the ``Respondent Selection'' section of the
Initiation Notice, we indicated that, in the event that we limited the
number of respondents selected for individual examination in accordance
with section 777A(c)(2) of the Act, we intended to select respondents
based on U.S. Customs and Border Protection (CBP) data.\5\ Therefore,
on September 25, 2025, we placed on the record CBP data for entries of
subject merchandise from China during the POR, showing suspended
entries during the POR and invited interested parties to comment.\6\ No
parties filed any comments by the deadline, October 2, 2025.
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 46173, 46181 (September 25, 2025)
(Initiation Notice).
\5\ Id. at 46173.
\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data Release,'' dated September 25, 2025 (CBP Data
Memorandum).
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\7\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\8\
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\7\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\8\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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On December 11, 2025, Commerce notified interested parties of its
intent to rescind this administrative review in part with respect to
Nozawa because it had no reviewable, suspended entries.\9\ No party
submitted comments regarding out notice of intent to rescind the review
with respect to Nozawa.
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated December 11, 2025.
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Scope of the Order
The products covered by the Order are polyethylene retail carrier
bags which may be referred to as t-shirt sacks, merchandise bags,
grocery bags, or checkout bags. The full description of the scope of
the Order is provided in the appendix to this notice.
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order when
there are no reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\10\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate calculated for the review period.\11\
Therefore, for an administrative review to be conducted, there must be
a reviewable, suspended entry that Commerce can instruct CBP to
liquidate at the antidumping duty assessment rate calculated for the
review period.\12\
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\10\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy
Steel Cut- to Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review; 2020-2021, 88 FR
4157 (January 24, 2023).
\11\ See 19 CFR 351.212(b)(1).
\12\ See 19 CFR 351.213(d)(3).
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The record indicates there were no entries of subject merchandise
for Nozawa during the POR.\13\ In particular, CBP data placed on the
record at the outset of this administrative review indicate no entries
of merchandise from this company.\14\ Accordingly, in the absence of
suspended entries of subject merchandise during the POR, we are hereby
rescinding this administrative review with respect to this company in
accordance with 19 CFR 351.213(d)(3).
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\13\ See CBP Data Memorandum.
\14\ Id.
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China-Wide Entity
Because Crown did not file a separate rate application or
certification in this administrative review, it is ineligible for a
separate rate and we are unable to select it for individual
examination.\15\ Accordingly, Commerce finds that Crown, a company
under review, has not established eligibility for a separate rate and
is considered to be part of the China-wide entity for these preliminary
results.
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\15\ See Initiation Notice, 90 FR at 46173.
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Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\16\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
the entity is not under review and the entity's rate of 77.57 percent
is not subject to change.\17\
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\16\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\17\ See Order, 69 FR at 48203.
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Disclosure
Normally, Commerce will disclose the calculations used in its
analysis to parties in an administrative review within five days of the
date of publication of the notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, here Commerce
preliminarily found Crown ineligible for a separate rate and treated it
part of the China-wide entity.\18\ Thus, there are no calculations to
disclose, and no decision memorandum accompanies this notice.
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\18\ See, e.g., Polyethylene Retail Carrier Bags from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review, 74 FR 6857 (February 11, 2009).
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\19\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\20\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and, (2) a table of
authorities.\21\
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\19\ See 19 CFR 351.309.
\20\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\21\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\22\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that
[[Page 17249]]
interested parties include footnotes for relevant citations in the
public executive summary of each issue.
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\22\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. An electronically filed hearing request
must be received successfully in its entirety via ACCESS by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice. If a request for a hearing is made, parties will be notified of
the date, time, and location of the hearing.\23\ Parties should confirm
the date, time, and location of the hearing two days before the
scheduled hearing date.
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\23\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, must be filed via ACCESS.\24\ An electronically filed
document must be received successfully in its entirety in ACCESS by
5:00 p.m. Eastern Time on the established deadline. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\25\
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\24\ See 19 CFR 351.303.
\25\ See APO and Service Final Rule.
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Assessment Rates
For the company for which this review is being rescinded Commerce
will instruct CBP to assess antidumping duties on all appropriate
entries. Antidumping duties shall be assessed at rates equal to the
cash deposit rate for estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). With respect to the recission of this
review, in part, Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
When Commerce determines that an exporter under review made no
shipments of subject merchandise during the POR, upon issuing the final
results, Commerce will instruct CBP to liquidate any suspended entries
of subject merchandise that entered under that exporter's cash deposit
requirement, i.e., under the exporter's CBP case number, during the POR
at the weighted-average dumping margin for the China-wide entity, i.e.,
77.57 percent.\26\
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\26\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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With respect to Crown, Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the final results, if we continue to treat Crown as part of the
China-wide entity, we will instruct CBP to apply an ad valorem
assessment rate of 77.57 percent to all entries of subject merchandise
during the POR which were produced and/or exported by this company. The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Rates
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the existing
rate for the China-wide entity of 77.57 percent.; and (2) for all non-
China exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
China exporter that supplied that non-Chinese exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, no later than 120 days after the date of publication
of this notice, unless otherwise extended.\27\
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\27\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: March 30, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise subject to this antidumping duty Order are
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 (15.24 cm) 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 this antidumping duty Order excludes (1)
PRCBs that are not printed with logos or store names and that are
closeable with drawstrings made of polyethylene film and (2) PRCBs
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.
Imports of merchandise included within the scope of this
antidumping duty Order are currently classifiable under statistical
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category 3923.21.0085 of the Harmonized Tariff Schedule of the
United States (HTSUS). This subheading may also cover products that
are outside the scope of this antidumping duty Order. Although the
HTSUS subheading is provided for convenience and customs purposes,
the written description of the scope of this antidumping duty Order
is dispositive.
[FR Doc. 2026-06560 Filed 4-3-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 6, 2026.
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