MESSAGE NO: 4062204 DATE: 03 02 2004
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 557 - 813 - -
- - - -
- - - -

PERIOD COVERED: 01 26 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS
FROM MALAYSIA (A-557-813)

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 3557) ITS PRELIMINARY DETERMINATION
OF SALES AT LESS THAN FAIR VALUE AND THE POSTPONEMENT OF THE
FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF
POLYETHYLENE RETAIL CARRIER BAGS (PRCBS) FROM MALAYSIA.

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 INCES (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 MALAYSIA MANUFACTURED AND EXPORTED BY
BEE LIAN PLASTIC INDUSTRIES SDN. BHD (BEE LIEN), NO SUSPENSION OF
LIQUIDATION IS REQUIRED AT THIS TIME.

4. FOR ALL IMPORTS OF PRCBS FROM MALAYSIA NOT MANUFACTURED AND
EXPORTED BY BEE LIAN, 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

TEONG CHUAN PLASTIC AND TIMBER
SDN. BHD A-557-813-002 101.74
BRANDPAK INDUSTRIES SDN. BHD A-557-813-003 101.74
GANTS PAC INDUSTRIES A-557-813-004 101.74
SIDO BANGUN SDN.BHD A-557-813-005 101.74
ZHIN HIN/CHIN HIN PLASTIC MANUFACTURER
SDN. BHD A-557-813-006 101.74
ALL OTHERS A-557-813-000 84.78

5. 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 COUNTERVAILINGDUTY 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.

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:
CC).

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

CATHY SAUCEDA