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|Polyethylene Retail Carrier Bags from Thailand||
Case Number: A-570-886
Anniversary Month: August
Thai Plastic Bags Industries Co., Ltd. -- 21.99%
Master Packaging Co., Ltd. -- 122.88%
All Others -- 2.80%
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.
History | Current Rates
Thai Plastic Bags Industries hit with 2500% increase in antidumping duty rate from 0.87% to 21.99% in administrative review affecting August 1, 2007, through July 31, 2008, and future entries.
On December 11, 2009, the U.S. Department of Commerce published the Final Results of its antidumping duty administrative review of polyethylene retail carrier bags from Thailand . The Department of Commerce determined that Thia Plastic Bags Industries Co., Ltd., and Master Packaging Co., Ltd., were dumping polyethylene retail carrier bags in the United States. The Department of Commerce calculated the antidumping duty rate of Thai Plastic Bags Industries at 21.99%, and assigned an antidumping duty rate to Master Packaging of 122.88% because it failed to cooperate in the adminstrative review. These rates apply to August 1, 2007, through July 31, 2008 entries. In the previous reviews the antidumping duty rate for Thai Plastic Bags Industries rate was 0.87%, and for Master Packaging, 122.88%.
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. In this case, that would mean that, by law, you would not be liable for the increase in Thai Plastic Bags Industries antidumping duty rate.
Petition: Part 1 | Part 2
Investigation: Initiation | Prelim | Final Report
Investigation: Initiation | Prelim | Final (amended) | I&D | Order
Administrative Review 04-05: Initiation | Prelim | Final | I&D | Litigation
Administrative Review 05-06: Initiation | Prelim | Final | I&D | Litigation
Administrative Review 06-07: Initiation | Prelim | Final | I&D
Administrative Review 07-08: Initiation | Prelim | Final | I&D
Administrative Review 08-09: Initiation
Advance Polybag Inc., Alpine Plastics Inc., API Enterprises Inc., and
Universal Polybag Co., Ltd. -- 0.80%
Apple Film Co., Ltd. -- 0.95%
Naraipak Co., Ltd. -- 0.95%
Sahachit Watana Plastic Ind. Co., Ltd. -- 0.95%
Thantawan Industry Public Co., Ltd. -- 0.95%
U. Yong Ltd., Part. -- 0.95%
U. Yong Industry Co., Ltd. -- 0.95%
CP Packaging Industry Co., Ltd. -- 1.87 %
King Pac Industrial Co., Ltd. (aka King Pak) -- 122.88%
Naraipak Co., Ltd., and Narai Packaging (Thailand) Ltd. -- 32.67%
Poly Plast (Thailand) Co., Ltd. -- 8.94%
Thai Plastic Bags Industries Co., Ltd., Apec Film Ltd., and Winner’s
Pack Co., Ltd. -- 21.99%
Master Packaging Co., Ltd. -- 122.88%
All Others - 2.80%
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