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      Malaysia  Polyethylene Retail Carrier Bags Polyethylene Retail Carrier Bags from Malaysia
Case Number:   A–557–813

Anniversary Month: August

Final Rates:

Euro Plastics Malaysia Sdn. Bhd. 56.13 %
All others - 84.94 %


The merchandise subject to this antidumping duty order 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 (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 the order 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 the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). This subheading also covers products that are outside the scope of the order. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. 
DOC Determinations: Order
Administrative Review 07-08: Initiation
| Prelim | Final 
Administrative Review 08-09: Initiation

Euro Plastics' US Antidumping Duties Jump from 0.00% to 56.13% In Administrative Review Affecting August 1, 2007, through July 31, 2008 Entries

On November 16, the U.S. Department of Commerce published the Final Results of its antidumping duty administrative review of polyethylene retail carrier bags (plastic shopping bags) from Malaysia.  These Final Results affect the August 1, 2007, through July 31, 2008 entries of polyethylene retail carrier bags from Malaysia.  The Department of Commerce determined that Euro Plastics Malyasia Sdn. Bhd. was dumping polyethylene retail carrier bags in the United States.  The Department of Commerce calculated rates of 56.13% for Euro Plastics.  That means entries of Euro Plastics' plastic shopping bags will be subject to additional U.S. import duties equal to 56.13% of the entered value of the merchandise.  Further, until the rate is changes, all future entries of Euro Plastics' plastic shopping bags will be subject to a requirement of cash deposits equal to 56.13% of the entered value of the merchandise prior to entry into the United States.  In the previous review, Euro Plastic's rate was 0.00%.  Liquidation instructions will be sent to the U.S. Customs and Border Patrol in 15 days.

This represents a huge increase in U.S. import duty liability!

IMPORTERS - watch the liquidation instructions and liquidations carefully.  If there are any errors in the instructions, you must sue the Department of Commerce within 2 years.  If the U.S. Customs and Border Protection does not liquidate your entries within 6 months of publication of the final, the merchandise liquidates as entered.  That would mean that -- by law -- you would not be liable to pay the antidumping duties on merchandise entered into the United States between August 1, 2007, and July 31, 2008.

Current Rates:

Branpak Industries Sdn. Bhd. - 101.74
Euro Plastics Malaysia Sdn. Bhd. 56.13 %
Gants Pac Industries 101.74
Sido Bangun Sdn. Bhd. 101.74
Teong Chuan Plastic and Timber Sdn. Bhd. - 101.74 %
Zhin Hin/Chin Hin Plastic Manufacturer Sdn. Bhd. 101.74
All Others - 84.94 %


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