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ANTIDUMPING & COUNTERVAILING DUTY INVESTIGATION


Republic of China

 Indonesia

Vietnam		 Polyethylene Retail Carrier Bags   POLYETHYLENE RETAIL CARRIER BAGS FROM INDONESIA(AD), TAIWAN(AD) & VIETNAM (AD&CVD)
ITC Information: Initiation | Prelim
DOC Information: CVD Initiation Factsheet | CVD Initiation | CVD Prelim Factsheet | CVD Prelim
                                     AD Initiation Factsheet | AD Initiation
                                     Taiwan Prelim Factsheet | Taiwan Prelim
                                     Indonesia & Vietnam AD Prelim Factsheet
                                     Indonesia Prelim | Indonesia Amended Prelim
                                     Vietnam Prelim
FAQs
What are antidumping (AD) and countervailing (CVD) duties?

 When and how do I request a review of antidumping or countervailing duties?

 Why do I need to file a Separate Rates Application?

Preliminary Rates

Indonesia
 PT Sido Bangun Indonesia - 67.62%
PT Super Exim Sari Ltd./PT Super Makmur - 9.10%
All others - 38.14%

Taiwan
 TCI Plastic Co. (including Tis Dis
     International Co., Ltd., and Corporate Best
     Enterprise Co., Ltd.) -- 28.69%
Ipsido Corp. -- 95.81%
All Others -- 28.69%

Vietnam
Advanced Polybag Co - 76.11%
Fotai Vietnam - 76.11%
Separate Rates (16 Cos.) - 52.30%
Vietnam-wide - 76.11%

Scope

The merchandise subject to these investigations is 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 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 these investigations 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.

Imports of merchandise included within the scope of these investigations are currently classifiable under statistical 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 these investigations. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.
 

PT Super Exim Sari & PT Super Makmur's preliminary rate drops from 67.62% to 9.10% as U.S. Department of Commerce Admits Significant Ministerial Errors in Antidumping Duty Investigation of Polyethylene Retail Carrier Bags from Indonesia

On December 4, 2009, the U.S. Department of Commerce admitted significant ministerial errors in its preliminary calculations of the antidumping duty rate for polyethylene retail carrier bags from Indonesia produced by PT Super Exim Sari Ltd. and PT Super Makmur.  The Department of Commerce recognized that it incorrectly treated the two entities separately for purposes of calculating the antidumping duty margin when its stated intent was to treat PT Super Exim Sari and PT Super Makmur as a single entity.  Because the affect of this ministerial error equaled more than 5 percentage points and more than 25% of the antidumping duty margin, the Department of Commerce designated it a "significant ministerial error" and has amended the preliminary determiantion.

IMPORTERS! - Because this significant ministerial error has caused an amended preliminary determination, you can significantly reduce your required bond/cash deposits for future entries.  If you may be able to obtain a refund of excess deposits if you paid cash deposits upon entry.

Commerce announces dumping margins of 67.18% to 67.62% for Indonesia, and 52.30% to 76.11% for Vietnam in investigation of polyethylene retail carrier bags (plastic shopping bags).

On October 28, the Department of Commerce (Commerce) announced its affirmative preliminary determinations in the antidumping duty (AD) investigations on imports of polyethylene retail carrier bags (plastic bags) from Indonesia and the Socialist Republic of Vietnam (Vietnam).

The products subject to these investigations are plastic bags, which also may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. Plastic bags are classifiable under subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading is provided for convenience and customs purposes, Commerce’s written description of the subject merchandise governs the scope of these investigations. Dumping occurs when a foreign company sells a product in the United States at less than normal value.

Commerce preliminarily determined that producers/exporters from Indonesia and Vietnam have sold plastic bags at less than normal value in the United States at 67.18 to 67.62 percent and 52.30 to 76.11 percent, respectively.  Mandatory Indonesian respondents P.T. Sido Bangun Indonesia and P.T. Super Exim Sari Ltd./P.T. Super Makmur received preliminary dumping rates of 67.62 percent and 67.18 percent, respectively. All other producers/exporters from Indonesia received a preliminary dumping rate of 67.40 percent.

Sixteen Vietnamese producer/exporters preliminarily qualified for a separate rate of 52.30%.  All other Vietnamese producers/exporters of plastic bags received the Vietnam Wide rate of 76.11%, including the Vietnamese mandatory respondents, Advance Polybag Co., Ltd. and Fotai Vietnam Enterprise Corporation, as both companies stopped participating in investigation. 

Importers will now be required to post bonds or pay cash deposits in an amount equal to the antidumping duty rate times the entered value of the imported plastic bags.

Commerce Announces Preliminary Dumping Rates for Taiwan at 28.69% for TCI Plastic Co., and 95.81% for Ipsido Corp., with all others at 28.69%.

On October 20, 2009, the US Department of Commerce announced initial dumping margins for producers of polyethylene retail carrier bags from Taiwan.  Dumping occurs when a foreign company sells a product in the United States at less than normal value.   The Department of Commerce calculated a 28.69% rate for TCI Plastic Co., and assigned Ipsido Corp. a 95.81% rate.  TCI Plastic includes affiliated entities, Tis Dis International Co., Ltd., and Corporate Best Enterprise Co., Ltd.   All other Taiwanese producers were assigned the 28.69% rate.  This means that importers of polyethylene retail carrier bags (plastic shopping bags) from Taiwan will immediately begin to be required to pay cash deposits or post bonds equal to 28.69% or 95.81% of the entered value of polyethylene retail carrier bags entering the United States on or after the day the determination is published in the Federal Register (mostly likely sometime during the week of October 26, 2009.

Ipsido Corp.'s 95.81% antidumping duty rate results from its refusal to cooperate in the investigation.  Ipsido did not file a response to the questionnaire sent by the US Department of Commerce.  Because Ipsido is not cooperating in the investigation, the Department of Commerce has applied adverse facts available (or AFA) to Ipsido - that means the Department of Commerce is presuming that the information contained in the petition (which the U.S. domestic plastic bag industry alleged) is true.  Had Ipsido participated in the review, it likely would have a much lower rate. 

IMPORTERS and PROCUREMENT BE WARE!  You are now required to post a bond at 28.69% or 95.81% of the entered value of the product.

The products subject to this investigation are plastic bags, which also may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. Plastic bags are classifiable under subheading 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading is provided for convenience and customs purposes, Commerce’s written description of the subject merchandise governs the scope of this investigation.

The Department of Commerce is scheduled to issue its final determination in March of 2010.

                                                                                                          

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