NOTICE OF AN AMENDED PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS FROM INDONESIA (A-560-822-000/002)

MESSAGE NO: 9343002 DATE: 12 09 2009 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 560 - 822 - - - - - - - - - - PERIOD COVERED: 11 03 2009 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: NOTICE OF AN AMENDED PRELIMINARY DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF POLYETHYLENE RETAIL CARRIER BAGS FROM INDONESIA (A-560-822-000/002) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. COMMERCE HAS AMENDED THE PRELIMINARY DETERMINATION IN ITS ANTIDUMPING DUTY INVESTIGATION ON POLYETHYLENE RETAIL CARRIER BAGS (PRCBS) FROM INDONESIA. THIS AMENDMENT WAS PUBLISHED ON 12/04/2009 IN THE FEDERAL REGISTER (74 FR 63720) AND CHANGES THE CASH DEPOSIT RATE FOR CERTAIN EXPORTERS/MANUFACTURERS. 2. THE SCOPE OF THIS INVESTIGATION COVERS 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 (0.00889 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 (15.24 CM) 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 THIS 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 SUBJECT TO THIS 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 CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION IS DISPOSITIVE. 3. FOR SHIPMENTS OF PRCBS FROM INDONESIA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/03/2009, THE CASH DEPOSIT REQUIREMENT IS AS FOLLOWS: PT SUPER EXIM SARI LTD. AND/OR PT SUPER MAKMUR CASE NUMBER: A-560-822-002 CASH DEPOSIT RATE: 9.10 PERCENT ALL OTHERS CASE NUMBER: A-560-822-000 CASH DEPOSIT RATE: 38.14 PERCENT 4. INSTRUCTIONS FOR GRANTING A REFUND ON ANY OVERCOLLECTION WILL BE ISSUED IN A SEPARATE MESSAGE TO FOLLOW. 5. THESE CASH DEPOSIT REQUIREMENTS SHALL REMAIN IN EFFECT UNTIL FURTHER NOTICE. 6. 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 O5:SMH). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. FLORENCE V. CONSTANT