MESSAGE NO: 8150207 DATE: 05 29 2008
CATEGORY: ADA TYPE: LIQ
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: ANTIDUMPING SCOPE RULING ON POLYETHYLENE RETAIL CARRIER
BAGS FROM MALAYSIA (MEDLINE INDUSTRIES' HOSPITAL BAGS
LISTED BELOW ARE NOT WITHIN THE SCOPE) (A-557-813)

1. ON MAY 8, 2008, IN RESPONSE TO A REQUEST BY MEDLINE
INDUSTRIES, INC. ("MEDLINE"), THE DEPARTMENT OF COMMERCE ISSUED
A FINAL SCOPE RULING THAT CERTAIN HOSPITAL BAGS ARE NOT WITHIN
THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING POLYETHYLENE
RETAIL CARRIER BAGS FROM MALAYSIA (A-557-813).

2. THE COMMERCE DEPARTMENT DETERMINED THAT MEDLINE'S CONSUMER
PACKAGING IN WHICH THE PRODUCTS ARE IMPORTED INDICATES AN
END-USE OTHER THAN PACKAGING AND CARRYING MERCHANDISE FROM
RETAIL ESTABLISHMENTS. THEREFORE, MEDLINE'S PRODUCTS ARE NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
POLYETHYLENE RETAIL CARRIER BAGS FROM MALAYSIA (A-557-813).

LIST OF PRODUCTS OUTSIDE THE SCOPE OF THE ANTIDUMPING DUTY
ORDER:

ITEM NUMBER: DONDS600C
DESCRIPTION: 20" x 22" DRAWSTRING, 1ML
PRINTING ON PACKAGING: BAG DRAWSTRING MATERNITY
COMPANY/IMPORTER: MEDLINE INDUSTRIES, INC.

ITEM NUMBER: 07510
DESCRIPTION: 18" x 20" x 4" 2ML
PRINTING ON PACKAGING: BAG DRAWSTRING BLONGING
COMPANY/IMPORTER: MEDLINE INDUSTRIES, INC.


ITEM NUMBER: 42818
DESCRIPTION: 18"X 20"X4" 2ML
PRINTING ON PACKAGING: BAG PATIENT BELONG DRAWSTRING
COMPANY/IMPORTER: MEDLINE INDUSTRIES, INC.

ITEM NUMBER: 26900
DESCRIPTION: 18" x 20" x 4" RIGID HANDLE 2ML
PRINTING ON PACKAGING: BAG PATIENT BELONGING
COMPANY/IMPORTER: MEDLINE INDUSTRIES, INC.

3. EFFECTIVE MAY 8, 2008, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER JANUARY 26, 2004, THE DATE OF THE
PRELIMINARY DETERMINATION OF INVESTIGATION (69 FR 3544), OF THE
PLASTIC BAGS LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY
BONDS RELATING TO THE PLASTIC BAGS LISTED ABOVE.

5. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES OF THE PLASTIC BAGS LISTED
ABOVE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER JANUARY 26, 2004.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION
778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS OR ASSESS
INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES IS REQUIRED THROUGH THE DATE OF
LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE
RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE
OF 1954 FOR SUCH PERIOD.

7. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF POLYETHYLENE
RETAIL CARRIER BAGS SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING POLYETHYLENE RETAIL CARRIER BAGS FROM MALAYSIA
(A-557-813).

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O4:ZP).

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

DAVID M.GENOVESE