MESSAGE NO: 3218203 DATE: 08 06 2003
CATEGORY: ADA TYPE: INI
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 886 A - 557 - 813
A - 549 - 821 - -
- - - -

PERIOD COVERED: 07 16 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: INITIATION OF ADD INVESTIGATIONS OF POLYETHYLENE RETAIL
CARRIER BAGS FROM CHINA, MAYLAYSIA, AND THAILAND



1. ON JULY 16, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS INITIATION OF ANTIDUMPING DUTY
INVESTIGATIONS OF POLYETHYLENE RETAIL CARRIER BAGS FROM CHINA,
MALAYSIA, AND THAILAND.

2. THE MERCHANDISE SUBJECT TO THESE INVESTIGATIONS IS
POLYETHYLENE RETAIL CARRIER BAGS, WHICH MAY ALSO 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 .035 INCH (0.889 MM) AND NO LESS THAN .00035 INCH
(0.00089 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). POLYETHYLENE RETAIL CARRIER BAGS ARE TYPICALLY
PROVIDED WITHOUT ANY CONSUMER PACKAGING AND FREE OF CHARGE BY
RETAIL ESTABLISHMENTS (E.G., GROCERY, DRUG, CONVENIENCE,
DEPARTMENT, SPECIALTY RETAIL, AND DISCOUNT STORES, AND
RESTAURANTS) TO THEIR CUSTOMERS TO PACKAGE AND CARRY THEIR
PURCHASED PRODUCTS. THE SCOPE OF THE PETITION 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 BACKED 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 CLASSIFIED UNDER STATISTICAL CATEGORY
3923.21.0090 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES. THIS SUBHEADING ALSO COVERS PRODUCTS THAT ARE OUTSIDE
THE SCOPE OF THIS ORDER. FURTHERMORE, ALTHOUGH THE HTSUS
SUBHEADING IS PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR
WRITTEN DESCRIPTION OF THE SCOPE OF THESE INVESTIGATIONS IS
DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBERS A-570-886 (CHINA), A-557-813 (MALAYSIA),
AND A-549-821 (THAILAND).

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
CONTACT SOCHIETA MOTH, OF AD/CVD ENFORCEMENT 3, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0168 OR SOCHIETA__MOTH AT
ITA.DOC.GOV.

5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

CATHY SAUCEDA