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CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A-570-886
PERIOD COVERED: 06/05/2006
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: ANTIDUMPING SCOPE RULING ON POLYETHYLENE RETAIL CARRIER, BAGS FROM THE PEOPLES REPUBLIC OF CHINA (A-570-886)
1. ON 06/05/2006, IN RESPONSE TO A REQUEST BY CONSOLIDATED
PACKAGING, LLC (CONSOLIDATED), THE DEPARTMENT OF COMMERCE
ISSUED
A FINAL SCOPE RULING THAT CERTAIN PLASTIC BAGS WHICH
CONSOLIDATED IMPORTS ARE NOT WITHIN THE SCOPE OF THE
ANTIDUMPING
DUTY ORDER ON POLYETHYLENE RETAIL CARRIER BAGS FROM THE
PEOPLE'S
REPUBLIC OF CHINA (A-570-886). THE COMMERCE DEPARTMENT'S
DETERMINATION APPLIES TO THE FOLLOWING MODELS: 102116-ACL;
102116-LAB; 1618YEL-DR; 20x15FROZEN; 20x15REFRIG; 20x15RMTMP;
2587A; 28-4-470H; 28-4-470L; 39769; 46500-BIOPBAG; 62-10;
64-3-
69; 64-6-52; 671100; 675000TL; 70-37; 99-950-0; 9x14FROZEN;
9x14REFRIG; 9x14RMTMP; BG975-124; DLOSPECBAG; DLOSTATBAG; EDB
(OF ALL COLORS); MLED (of all colors); QD-06CLP; QD-104C;
QD-16
(OF ALL COLORS); SB-899-C; SB-900-C; SB-902-C; SB-905-C;
SB-913-
C; SB-911-C.
2. THE COMMERCE DEPARTMENT DETERMINED THAT CONSOLIDATED'S
PLASTIC BAGS CONTAIN CERTAIN FEATURES WHICH EXPLICITLY EXCLUDE
THEM FROM THE SCOPE OF THE ORDER. FOR EXAMPLE, THE BAGS
IDENTIFIED ABOVE ARE (1) SEALABLE, (2) WITHOUT HANDLES, (3)
WITH
INTERGRAL EXTRUDED CLOSURES, (4) WITH A LENGTH OR WIDTH
SHORTER
THAN 6 INCHES OR LONGER THAN 40 INCHES, OR (5) NOT PRINTED
WITH
LOGOS OR STORE NAMES AND CLOSEABLE WITH DRAWSTRINGS MADE OF
POLYETHYLENE FILM. THEREFORE, CONSOLIDATED'S PLASTIC BAG
MODELS
IDENTIFIED ABOVE ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING
DUTY ORDER ON POLYETHYLENE RETAIL CARRIER BAGS FROM THE
PEOPLE'S
REPUBLIC OF CHINA.
3. EFFECTIVE 06/05/2006, TERMINATE SUSPENSION AND LIQUIDATE
UNLIQUIDATED ENTRIES WITHOUT REGARD TO ANTIDUMPING DUTIES,
REGARDLESS OF ENTRY DATE, 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. 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 WHICH IS 8/9/2004. 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.
6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF POLYETHYLENE
RETAIL CARRIER BAGS FROM THE PEOPLE'S REPUBLIC OF CHINA.
7. 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
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5:JK).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA