MESSAGE NO: 4057207 DATE: 02 26 2004
CATEGORY: ADA TYPE: ADM
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 886 - -
- - - -
- - - -

PERIOD COVERED: 01 26 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDUMPING
DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS
FROM CHINA (A-570-886)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1. ON JANUARY 26, 2004, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER (69 FR 3544) ITS PRELIMINARY DETERMINATION
OF SALES AT LESS THAN FAIR VALUE AND THE POSTPONEMENT OF FINAL
DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF
POLYETHYLENE RETAIL CARRIER BAGS (PRCBS) FROM THE PEOPLE'S
REPUBLIC OF CHINA (PRC).

2. THE MERCHANDISE SUBJECT TO THIS INVESTIGATION 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 .035 INCH (0.889 MM) AND NO LESS THAN
.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 THE INVESTIGATION 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 PACKING
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 (HTSUS). THIS SUBHEADING ALSO
COVERS PRODUCTS THAT ARE OUTSIDE THE SCOPE OF THIS INVESTIGATION.
FURTHERMORE, ALTHOUGH THE HTSUS SUBHEADING IS PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE
SCOPE OF THIS INVESTIGATION IS DISPOSITIVE.

3. FOR IMPORTS OF PRCBS FROM THE PRC, MANUFACTURED AND EXPORTED
BY HANG LUNG PLASTIC MANUFACTORY LTD. (HANG LUNG), NO SUSPENSION
OF LIQUIDATION IS REQUIRED AT THIS TIME.

4. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF UNITED
STATES CUSTOMS AND BORDER PROTECTION (CBP), CBP OFFICERS MAY
ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR
A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT
OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN
FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE
THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED
ANTIDUMPING OR COUNTERVAILING DUTIES, CBP OFFICERS MUST REQUIRE A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D.
85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D.
85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS.

5. FOR ALL IMPORTS OF PRCBS FROM THE PRC NOT MANUFACTURED AND
EXPORTED BY HANG LUNG, U.S. CUSTOMS AND BORDER PROTECTION (CBP)
SHALL SUSPEND LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
JANUARY 26, 2004. EFFECTIVE JANUARY 26 , 2004, CBP SHALL
REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE POSTING OF A
BOND EQUAL TO THE MARGINS SHOWN BELOW:


EXPORTER OR CUSTOMS ID MARGIN
PRODUCER NUMBER PERCENTAGE

DONGGUAN HUANG JIANG UNITED
WAH PLASTIC BAG FACTORY,
DONGWAN NOZAWA
PLASTICS, OR UNITED
POWER PACKAGING, LTD. A-570-886-002 16.55

NANTONG HUASHENG PLASTIC
PRODUCTS CO., LTD. A-570-886-003 12.71

RALLY PLASTICS CO., LTD. A-570-886-004 9.01
SHANGHAI GLOPACK PACKING CO.
LTD. AND SEA LAKE POLYETHYLENE
ENTERPRISE LTD., OR SEA LAKE
PLASTICS IMPORT MATERIAL
PROCESSING FACTORY, OR SEA LAKE
PLASTICS CO. LTD. A-570-886-005 4.45
XIAMEN MING PAK PLASTICS CO., LTD. A-570-886-006 32.19
ZHONGSHAN DONGFENG HUNG WAI
PLASTIC BAG MANUFACTORY A-570-886-007 57.09
BEIJING LIANBIN PLASTICS
AND PRINTING CO. LTD. A-570-886-008 12.71
DONGGUAN ZHONGQIAO COMBINE
PLASTIC BAG FACTORY A-570-886-009 12.71
GOOD-IN HOLDINGS LTD. A-570-886-010 12.71
GUANGDONG ESQUEL PACKAGING CO., LTD. A-570-886-011 12.71
RAIN CONTINENT SHANGHAI CO., LTD. A-570-886-012 12.71
SHANGHAI DAZHI ENTERPRISE
DEVELOPMENT CO., LTD. A-570-886-013 12.71
SHANGHAI FANGSHENG COLOURED
PACKAGING CO., LTD. A-570-886-014 12.71
SHANGHAI JINGTAI PACKAGING
MATERIAL CO., LTD. A-570-886-015 12.71
SHANGHAI LIGHT INDUSTRIAL
PRODUCTS IMPORT AND EXPORT CORP. A-570-886-016 12.71
SHANGHAI MINMENTALS DEVELOPMENT
LTD. A-570-886-017 12.71
SHANGHAI NEW AI LIAN
IMPORT AND EXPORT CO., LTD. A-570-886-018 12.71
SHANGHAI OVERSEAS
INTERNATIONAL TRADING CO., LTD. A-570-886-019 12.71
SHANGHAI YAFU PLASTICS
INDUSTRIES CO., LTD. A-570-886-020 12.71
WEIHAI WEIQUAN PLASTIC
AND RUBBER PRODUCTS CO., LTD. A-570-886-021 12.71
XIAMEN XINGYATAI INDUSTRY CO., LTD. A-570-886-022 12.71
XINHUI HENGLONG A-570-886-023 12.71
NAN SING A-570-886-024 12.71
NINGBO FANRONG A-570-886-025 12.71
NINGBO HUANSEN A-570-886-026 12.71
ALL OTHERS A-570-886-000 80.52

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY
G1O3:KLC).

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

CATHY SAUCEDA