CSMS 9309001·Trade policy·November 5, 2009·View on csms.cbp.gov ↗

NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS (PRCBS) FROM VIETNAM (A-552-806)

Plain-English explanation

CSMS 9309001 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on November 5, 2009. It carries the official CBP guidance brokers and importers must follow for the topic — "NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS (PRCBS) FROM VIETNAM (A-552-806)". It links to 1 AD/CVD case in Tandom's catalog. CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Linked AD/CVD cases(1)

Cases referenced or affected by this CSMS message

A-552-806

Message body

Full text as published by U.S. Customs and Border Protection

MESSAGE NO: 9309001 DATE: 11 05 2009 CATEGORY: ADA TYPE: PRE REFERENCE: REFERENCE DATE: CASES: A - 552 - 806 - - - - - - - - - - PERIOD COVERED: 11 03 2009 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 (PRCBS) FROM VIETNAM (A-552-806) 1. ON 11/03/2009, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS AFFIRMATIVE 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 FROM THE SOCIALIST REPUBLIC OF VIETNAM. 2. THE MERCHANDISE COVERED BY THESE INVESTIGATIONS IS POLYETHYLENE RETAIL CARRIER BAGS (PRCBS), WHICH ALSO 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 0.035 INCH (0.889 MM) AND NO LESS THAN 0.00035 INCH (0.0089 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 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 MERCHANDISE INCLUDED WITHIN THE SCOPE OF THE INVESTIGATION ARE CURRENTLY CLASSIFIABLE UNDER STATISTICAL CATEGORY 3923.21.0085 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). THIS SUBHEADING MAY ALSO COVER PRODUCTS THAT ARE OUTSIDE THE SCOPE OF THIS INVESTIGATION. FURTHERMORE, ALTHOUGH THE HTSUS SUBHEADING IS PROVIDED FOR CONVENIEINCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE INVESTIGATION IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-552-806. 4. FOR IMPORTS OF POLYETHYLENE RETAIL CARRIER BAGS FROM THE SOCIALIST REPUBLIC OF VIETNAM, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/03/2009. EFFECTIVE 11/03/2009, CBP SHALL REQUIRE, FOR ENTRIES OF POLYETHYLENE RETAIL CARRIER BAGS FROM THE SOCIALIST REPUBLIC OF VIETNAM FROM THE EXPORTER/PRODUCER COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE ANTIDUMPING DUTY MARGINS SHOWN BELOW: EXPORTER: ALPHA PLASTICS (VIETNAM) CO., LTD. PRODUCER: ALPHA PLASTICS (VIETNAM) CO., LTD. CASE NUMBER: A-552-806-001 CASH DEPOSIT RATE: 52.30 EXPORTER: ALTA COMPANY PRODUCER: ALTA COMPANY CASE NUMBER: A-552-806-002 CASH DEPOSIT RATE: 52.30 EXPORTER: AMPAC PACKAGING VIETNAM LTD. PRODUCER: AMPAC PACKAGING VIETNAM LTD. CASE NUMBER: A-552-806-003 CASH DEPOSIT RATE: 52.30 EXPORTER: BITAHACO PRODUCER: BITAHACO CASE NUMBER: A-552-806-004 CASH DEPOSIT RATE: 52.30 EXPORTER: CHEN SHENG CO., LTD. PRODUCER: CHEN SHENG CO., LTD. CASE NUMBER: A-552-806-005 CASH DEPOSIT RATE: 52.30 EXPORTER: CHUNG VA CENTURY MACAO COMMERCIAL OFFSHORE LIMITED PRODUCER: CHUNG VA (VIETNAM) PLASTIC PACKAGING CO., LTD. CASE NUMBER: A-552-806-006 CASH DEPOSIT RATE: 52.30 EXPORTER: HANOI 27-7 PACKAGING COMPANY LIMITED, AKA HANOI 27-7 PACKING COMPANY LIMITED, AKA HAPACK CO. LTD, aka HAPACK PRODUCER: HANOI 27-7 PACKAGING COMPANY LIMITED, AKA HANOI 27-7 PACKING COMPANY LIMITED, AKA HAPACK CO. LTD, aka HAPACK CASE NUMBER: A-552-806-007 CASH DEPOSIT RATE: 52.30 EXPORTER: KONG WAI POLYBAG PRINTING COMPANY PRODUCER: HOI HUNG COMPANY LIMITED CASE NUMBER: A-552-806-008 CASH DEPOSIT RATE: 52.30 EXPORTER: KINSPLASTIC VIETNAM LTD. CO. PRODUCER: KINSPLASTIC VIETNAM LTD. CO. CASE NUMBER: A-552-806-009 CASH DEPOSIT RATE: 52.30 EXPORTER: LOC CUONG TRADING PRODUCING COMPANY PRODUCER: LOC CUONG TRADING PRODUCING COMPANY CASE NUMBER: A-552-806-010 CASH DEPOSIT RATE: 52.30 EXPORTER: ONTRUE PLASTICS CO., LTD. (VIETNAM) PRODUCER: ONTRUE PLASTICS CO., LTD. (VIETNAM) CASE NUMBER: A-552-806-011 CASH DEPOSIT RATE: 52.30 EXPORTER: RICHWAY PLASTICS VIETNAM CO., LTD. PRODUCER: RICHWAY PLASTICS VIETNAM CO., LTD. CASE NUMBER: A-552-806-012 CASH DEPOSIT RATE: 52.30 EXPORTER: RKW LOTUS LIMITED PRODUCER: RKW LOTUS LIMITED CASE NUMBER: A-552-806-013 CASH DEPOSIT RATE: 52.30 EXPORTER: VINAPACKINK CO., LTD. PRODUCER: VINAPACKINK CO., LTD. CASE NUMBER: A-552-806-014 CASH DEPOSIT RATE: 52.30 EXPORTER: K'S INTERNATIONAL POLYBAGS MFG., LTD. PRODUCER: VN K'S INTERNATIONAL POLYBAGS JOINT STOCK COMPANY CASE NUMBER: A-552-806-015 CASH DEPOSIT RATE: 52.30 EXPORTER: VN PLASTIC INDUSTRIES CO. LTD. PRODUCER: VN PLASTIC INDUSTRIES CO. LTD. CASE NUMBER: A-552-806-016 CASH DEPOSIT RATE: 52.30 EXPORTER: VIETNAM-WIDE ENTITY PRODUCER: VIETNAM-WIDE ENTITY CASE NUMBER: A-552-806-000 CASH DEPOSIT RATE: 76.11 5. FOR ALL OTHER ENTRIES OF POLYETHYLENE RETAIL CARRIER BAGS FROM THE SOCIALIST REPUBLIC OF VIETNAM, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY: A. FOR ALL VIETNAMESE EXPORTERS OF RETAIL CARRIER BAGS FROM THE SOCIALIST REPUBLIC OF VIETNAM WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE VIETNAM-WIDE RATE. B. FOR ALL NON-VIETNAMESE EXPORTERS OF RETAIL CARRIER BAGS FROM THE SOCIALIST REPUBLIC OF VIETNAM WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-VIETNAMESE EXPORTER. 6. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CUSTOMS 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, CUSTOMS 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. 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 THE 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). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. FLORENCE V. CONSTANT

Frequently asked questions

What is CSMS 9309001?

CSMS 9309001 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS (PRCBS) FROM VIETNAM (A-552-806)". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 9309001 published?

CBP published CSMS 9309001 on November 5, 2009. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Which AD/CVD cases does CSMS 9309001 affect?

CSMS 9309001 references 1 AD/CVD case (A-552-806). The links on this page take you to each linked order with its current scope, rates, and history.

Is the CBP CSMS the legally binding instruction?

Learn more

Tandom guides relevant to CBP CSMS messages

Trade compliance APIs in broker workflows

Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.

Open resource

Find the right manufacturer or exporter rate in an AD/CVD order

Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.