Antidumping Duty Orders: Polyethylene Retail Carrier Bags from Indonesia, Taiwan, and the Socialist Republic of Vietnam, 23667-23669 [2010-10254]
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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices
23667
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF COMMERCE
Foreign Agricultural Service
Foreign Agricultural Service
International Trade Administration
Trade Adjustment Assistance for
Farmers
Trade Adjustment Assistance for
Farmers
A–560–822, A–583–843, A–552–806
AGENCY:
AGENCY:
Foreign Agricultural Service,
USDA.
USDA.
ACTION:
ACTION:
Notice of public hearings.
The Administrator today accepted a
petition, and began a review of a
petition, for trade adjustment assistance
by the Michigan Agricultural
Cooperative Marketing Association on
behalf of apple producers in Michigan.
A public hearing to review the merits of
the petition will be held in Room 411–
P of Suite 400, Portals Office Building,
1250 Maryland Ave., SW., Washington,
DC 20024 on May 5, 2010, at 11 a.m.
Eastern Time to receive written and oral
comments associated with this petition.
The
Administrator will determine within 40
days whether or not increasing imports
of apple juice contributed to a greater
than 15 percent decrease in the national
average price of apples compared to the
average of the 3 preceding marketing
years. The petition maintains that
Michigan apple producers have suffered
primarily due to increased imports of
apple juice concentrate. Over 81 percent
of the apple juice consumed in the U.S.
is from imported concentrate. If a
determination is affirmative, producers
who produce and market apples in
Michigan will be eligible to apply to the
Farm Service Agency for technical
assistance and cash benefits. Persons
who wish to speak at the hearing must
register with the TAA Coordinator at
(202) 720–0638 or (202) 690–0633, at
least 24 hours before the hearing.
Presenters will be allotted time to speak
and should submit a written summary
of their remarks for the record.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
Foreign Agricultural Service,
Notice of public hearing.
The Administrator today accepted a
petition, and began review of a petition,
for trade adjustment assistance by the
Prune Bargaining Association on behalf
of prune producers in California. A
public hearing to review the merits of
the petition will be held via
teleconference on May 6, 2010, at 3 p.m.
Eastern Time to receive oral comments
associated with this petition.
The
Administrator will determine within 40
days whether or not increasing imports
of prune juice contributed importantly
to a greater than 15 percent decrease in
the national average price of prunes
compared to the average of the three
preceding marketing years. The petition
maintains that California prune
producers have suffered a greater than
15 percent decrease in the national
average price due primarily to U.S.
imports of prune juice (primarily in the
form of prune juice concentrate) and, to
a smaller degree, dried prunes. If a
determination is affirmative, producers
who produce and market prunes in
California will be eligible to apply to the
Farm Service Agency for cash benefits
and technical assistance at no cost.
Persons who wish to listen or speak at
the hearing must register with the TAA
Coordinator at (202) 720–0638 or (202)
690–0633, at least 24 hours before the
hearing. Presenters will be allotted time
to speak via telephone and must dial 1
(800) 867–6144. When prompted for
your conference code, please enter 4843
on your telephone keypad. Speakers
should also submit a written summary
of their remarks for the record by faxing
them to (202) 720–0876.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Trade Adjustment Assistance Staff,
Office of Trade Programs, Foreign
Agricultural Service, U.S. Department
Agriculture at (202) 720–0638, or by email at: tradeadjustment@fas.usda.gov.
Additional program information can be
obtained at the Web site for the Trade
Adjustment Assistance for Farmers
program. The URL is https://
www.fas.usda.gov/itp/taa.
FOR FURTHER INFORMATION CONTACT:
Trade Adjustment Assistance Staff,
FAS, USDA, at (202) 720–0638, or by email at: tradeadjustment@fas.usda.gov.
Additional program information can be
obtained at the Web site for the Trade
Adjustment Assistance for Farmers
program. The URL is https://
www.fas.usda.gov/itp/taa.
Dated: April 28, 2010.
John D. Brewer,
Administrator, Foreign Agricultural Service.
Dated: April 28, 2010.
John D. Brewer,
Administrator, Foreign Agricultural Service.
[FR Doc. 2010–10431 Filed 5–3–10; 8:45 am]
[FR Doc. 2010–10439 Filed 5–3–10; 8:45 am]
BILLING CODE 3410–10–P
BILLING CODE 3410–10–P
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Antidumping Duty Orders:
Polyethylene Retail Carrier Bags from
Indonesia, Taiwan, and the Socialist
Republic of Vietnam
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing antidumping
duty orders on polyethylene retail
carrier bags (PRCBs) from Indonesia,
Taiwan, and the Socialist Republic of
Vietnam (Vietnam). On April 26, 2010,
the ITC notified the Department of its
affirmative determination of the threat
of material injury to a U.S. industry.
Pursuant to section 736(a) of the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce is issuing the
antidumping duty orders on PRCBs
from Indonesia, Taiwan, and Vietnam.
EFFECTIVE DATE: May 4, 2010
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun (Indonesia) at (202) 482–
5760 and Dmitry Vladimirov (Taiwan)
at (202) 482–0665, AD/CVD Operations,
Office 5, and Shawn Higgins (Vietnam)
at (202) 482–0679, AD/CVD Operations,
Office 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2010, the Department
published its affirmative final
determination of sales at less than fair
value in the antidumping duty
investigation of PRCBs from Taiwan.
See Polyethylene Retail Carrier Bags
from Taiwan: Final Determination of
Sales at Less Than Fair Value, 75 FR
14569 (March 26, 2010). On April 1,
2010, the Department published its
affirmative final determinations of sales
at less than fair value in the
antidumping duty investigations of
PRCBs from Indonesia and Vietnam. See
Polyethylene Retail Carrier Bags From
Indonesia: Final Determination of Sales
at Less Than Fair Value, 75 FR 16431
(April 1, 2010), and Polyethylene Retail
Carrier Bags From the Socialist Republic
of Vietnam: Final Determination of
Sales at Less Than Fair Value, 75 FR
16434 (April 1, 2010).
On April 26, 2010, the ITC notified
the Department of its final
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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices
determination, pursuant to section
735(d) of the Act, that an industry in the
United States is threatened with
material injury by reason of less–thanfair–value imports of PRCBs from
Indonesia, Taiwan, and Vietnam. See
section 735(b)(1)(A)(i) of the Act and
Polyethylene Retail Carrier Bags from
Indonesia, Taiwan, and Vietnam,
Investigation Nos. 701–TA–462 and
731–TA–1156–1158 (Final), USITC
Publication 4144 (April 2010).
Scope of the Orders
The merchandise subject to these
antidumping duty orders are 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 these
antidumping duty orders exclude (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 these antidumping
duty orders 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 these
antidumping duty orders. Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of these
antidumping duty orders is dispositive.
Antidumping Duty Orders
On April 26, 2010, in accordance with
section 735(d) of the Act, the ITC
notified the Department of its final
determination that an industry in the
United States is threatened with
material injury within the meaning of
section 735(b)(1)(A)(ii) of the Act by
reason of less–than-fair–value imports
of PRCBs from Indonesia, Taiwan, and
Vietnam.
In accordance with section 736(a)(1)
of the Act, the Department will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by the Department, antidumping duties
equal to the amount by which the
normal value of the merchandise
exceeds U.S. price of the merchandise
for all relevant entries of PRCBs from
Indonesia, Taiwan, and Vietnam.
Pursuant to section 736(b)(2) of the
Act, duties shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
notice of final determination if that
determination is based on the threat of
material injury, other than threat of
material injury described in section
736(b)(1) of the Act. Section 736(b)(1)
states that, ‘‘{i}f the Commission, in its
final determination under section
735(b), finds material injury or threat of
material injury which, but for the
suspension of liquidation under section
733(d)(2) would have led to a finding of
material injury, then entries of the
subject merchandise, the liquidation of
which has been suspended under
section 733(d)(2), shall be subject to the
imposition of antidumping duties under
section 731.’’ In addition, section
736(b)(2) of the Act requires CBP to
release any bond or other security and
refund any cash deposit made of
estimated antidumping duties posted
since the Department’s preliminary
antidumping duty determinations.
Because the ITC’s final determination
is based on the threat of material injury
and is not accompanied by a finding
that injury would have resulted but for
the imposition of suspension of
liquidation of entries since the
Department’s preliminary
determinations, section 736(b)(2) of the
Act is applicable. According to section
736(b)(2) of the Act, where the ITC finds
threat of material injury, duties shall
only be assessed on subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the ITC’s notice of final
determination. In addition, section
736(b)(2) of the Act requires CBP to
refund any cash deposits or bonds of
estimated antidumping duties posted
since the preliminary antidumping
determinations and prior to the ITC’s
notice of final determination.
Therefore, on or after the date of
publication of the ITC’s notice of final
determination in the Federal Register,
CBP will require, pursuant to section
736(a)(3) of the Act, at the same time as
importers would normally deposit
estimated duties on this merchandise, a
cash deposit equal to the estimated
dumping margins listed below. The all–
others rates for Indonesia and Taiwan
apply to all Indonesian and Taiwanese
producers or exporters not specifically
listed. The Vietnam–wide rate applies to
all Vietnamese exporters of subject
merchandise not specifically listed.
The antidumping duty margins and
cash–deposit rates are as follows:
INDONESIA
Producer or Exporter
Antidumping Duty Percent Margin
mstockstill on DSKH9S0YB1PROD with NOTICES
P.T. Sido Bangun Indonesia ..................................................................................................................
P.T. Super Exim Sari Ltd. and P.T. Super Makmur ..............................................................................
All Others ...............................................................................................................................................
85.17
69.64
69.64
TAIWAN
Producer or Exporter
Antidumping Duty Percent Margin
Ipsido Corporation .................................................................................................................................
TCI Plastic Co., Ltd. ..............................................................................................................................
All Others ...............................................................................................................................................
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E:\FR\FM\04MYN1.SGM
95.81
36.54
36.54
04MYN1
Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices
23669
SOCIALIST REPUBLIC OF VIETNAM1
Manufacturer
Antidumping–Duty Percent
Margin
Exporter
Alpha Plastics (Vietnam) Co., Ltd.∧ ................................................
Alta Company° .................................................................................
Ampac Packaging Vietnam Ltd.∧ ....................................................
BITAHACO* .....................................................................................
Chin Sheng Co., Ltd.* ......................................................................
Chung Va (Vietnam) Plastic Packaging Co., Ltd.∧ .........................
Hanoi 27–7 Packaging Company Limited, aka Hanoi 27–7 Packaging Company Limited, aka HAPACK Co. Ltd, aka HAPACK°
Hoi Hung Company Limited∧ ..........................................................
Kinsplastic Vietnam Ltd. Co.∧ .........................................................
Loc Cuong Trading Producing Company Limited, aka Loc Cuong
Trading Producing Company, aka Loc Cuong Trading Producing Co. Ltd.* ...........................................................................
Ontrue Plastics Co., Ltd. (Vietnam)∧ ..............................................
Richway Plastics Vietnam Co., Ltd.∧ ..............................................
RKW Lotus Limited Co., Ltd., aka RKW Lotus Limited, aka RKW
Lotus Ltd.∧ ...................................................................................
VINAPACKINK Co., Ltd.* ................................................................
VN K’s International Polybags Joint Stock Company * ...................
VN Plastic Industries Co. Ltd.∧ .......................................................
Vietnam–Wide Entity2 ......................................................................
Alpha Plastics (Vietnam) Co., Ltd.∧
Alta Company°
Ampac Packaging Vietnam Ltd. ∧
BITAHACO*
Chin Sheng Co., Ltd.*
Chung Va Century Macao Commercial
Offshore Limited∧
52.30
52.30
52.30
52.30
52.30
52.30
Hanoi 27–7 Packing Company Limited, aka
Hanoi 27–7 Packing Company Limited,aka
HAPACK Co. Ltd, aka HAPACK°
Kong Wai Polybag Printing Company∧
Kinsplastic Vietnam Ltd. Co.∧
52.30
52.30
52.30
Loc Cuong Trading Producing Company
Limited, aka Loc Cuong Trading Producing
Company, aka Loc Cuong Trading
Producing Co. Ltd.*
Ontrue Plastics Co., Ltd. (Vietnam)∧
Richway Plastics Vietnam Co., Ltd.∧
52.30
RKW Lotus Limited Co., Ltd., aka RKW
Lotus Limited, aka RKW Lotus Ltd.∧
VINAPACKINK Co., Ltd.*
K’s International Polybags MFG Ltd *
VN Plastic Industries Co. Ltd.∧
......................................................................
52.30
52.30
52.30
52.30
52.30
52.30
76.11
1 The symbol ‘‘∧’’designates companies as foreign-owned separate-rate recipients, ‘‘*’’ designates companies as Vietnamese separate-rate recipients, and ‘‘°’’ designates companies as state-owned separate-rate recipients.
2 Advance Polybag Co., Ltd., Fotai Vietnam Enterprise Corp., Green Care Packaging Industrial (Vietnam) Co., An Phat Plastic and Packing
Joint Stock Co., Genius Development Ltd., J.K.C. Vina Co., Ltd., are all part of the Vietnam-wide entity.
In accordance with section 736(b)(2)
of the Act and 19 CFR 351.211(b), the
Department will instruct CBP to
terminate the suspension of liquidation
for entries of PRCBs from Indonesia,
Taiwan, and Vietnam entered, or
withdrawn from warehouse, for
consumption and refund any cash
deposits made and release any bonds
posted for estimated antidumping duties
between the dates of publication of the
Department’s preliminary
determinations on October 27, 2009,3
for Taiwan and November 3, 2009,4 for
Indonesia and Vietnam and the day
before publication of the ITC’s final
determination in the Federal Register.
This notice constitutes the
antidumping duty orders with respect to
PRCBs from Indonesia, Taiwan, and
Vietnam pursuant to section 736(a) of
mstockstill on DSKH9S0YB1PROD with NOTICES
3 See
Polyethylene Retail Carrier Bags From
Taiwan: Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 74 FR 55183 (October 27, 2009).
4 See Polyethylene Retail Carrier Bags from
Indonesia: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 74 FR 56807 (November 3, 2009),
and Polyethylene Retail Carrier Bags From the
Socialist Republic of Vietnam: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 74 FR 56813
(November 3, 2009).
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18:58 May 03, 2010
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the Act. Interested parties may contact
the Central Records Unit of the main
Department of Commerce building,
Room 1117, for copies of an updated list
of antidumping duty orders currently in
effect.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: April 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–10254 Filed 5–3–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Application(s) for Duty–Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
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intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before May 24,
2010. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, D.C. 20230. Applications
may be examined between 8:30 A.M.
and 5:00 P.M. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 10–008. Applicant:
Colorado State University, Department
of Biomedical Sciences 200 Westlake
St., Campus Delivery 1617, Fort Collins,
CO 80523. Instrument: Electron
Microscope. Manufacturer: JEOL, Ltd.,
Japan. Intended Use: This instrument
will be used for the tomographic
analysis of viruses. Justification for
Duty–Free Entry: There are no
instruments of the same general
category as this instrument being
produced in the United States.
Application accepted by Commissioner
of Customs: April 15, 2010.
Docket Number: 10–009. Applicant:
University of Oregon, Purchasing &
Contracting Services, 720 E. 13th Ave.,
Suite 302, Eugene, OR 97401–3753.
Instrument: Electron Microscope
Manufacturer: FEI Company, Czech
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]]>Agencies
[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Notices]
[Pages 23667-23669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10254]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-560-822, A-583-843, A-552-806
Antidumping Duty Orders: Polyethylene Retail Carrier Bags from
Indonesia, Taiwan, and the Socialist Republic of Vietnam
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing antidumping duty orders on polyethylene
retail carrier bags (PRCBs) from Indonesia, Taiwan, and the Socialist
Republic of Vietnam (Vietnam). On April 26, 2010, the ITC notified the
Department of its affirmative determination of the threat of material
injury to a U.S. industry. Pursuant to section 736(a) of the Tariff Act
of 1930, as amended (the Act), the Department of Commerce is issuing
the antidumping duty orders on PRCBs from Indonesia, Taiwan, and
Vietnam.
EFFECTIVE DATE: May 4, 2010
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun (Indonesia) at (202)
482-5760 and Dmitry Vladimirov (Taiwan) at (202) 482-0665, AD/CVD
Operations, Office 5, and Shawn Higgins (Vietnam) at (202) 482-0679,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On March 26, 2010, the Department published its affirmative final
determination of sales at less than fair value in the antidumping duty
investigation of PRCBs from Taiwan. See Polyethylene Retail Carrier
Bags from Taiwan: Final Determination of Sales at Less Than Fair Value,
75 FR 14569 (March 26, 2010). On April 1, 2010, the Department
published its affirmative final determinations of sales at less than
fair value in the antidumping duty investigations of PRCBs from
Indonesia and Vietnam. See Polyethylene Retail Carrier Bags From
Indonesia: Final Determination of Sales at Less Than Fair Value, 75 FR
16431 (April 1, 2010), and Polyethylene Retail Carrier Bags From the
Socialist Republic of Vietnam: Final Determination of Sales at Less
Than Fair Value, 75 FR 16434 (April 1, 2010).
On April 26, 2010, the ITC notified the Department of its final
[[Page 23668]]
determination, pursuant to section 735(d) of the Act, that an industry
in the United States is threatened with material injury by reason of
less-than-fair-value imports of PRCBs from Indonesia, Taiwan, and
Vietnam. See section 735(b)(1)(A)(i) of the Act and Polyethylene Retail
Carrier Bags from Indonesia, Taiwan, and Vietnam, Investigation Nos.
701-TA-462 and 731-TA-1156-1158 (Final), USITC Publication 4144 (April
2010).
Scope of the Orders
The merchandise subject to these antidumping duty orders are 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 these antidumping duty orders exclude (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 these
antidumping duty orders 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 these antidumping duty orders. Although the HTSUS
subheading is provided for convenience and customs purposes, the
written description of the scope of these antidumping duty orders is
dispositive.
Antidumping Duty Orders
On April 26, 2010, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination that an
industry in the United States is threatened with material injury within
the meaning of section 735(b)(1)(A)(ii) of the Act by reason of less-
than-fair-value imports of PRCBs from Indonesia, Taiwan, and Vietnam.
In accordance with section 736(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by the Department, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds U.S. price
of the merchandise for all relevant entries of PRCBs from Indonesia,
Taiwan, and Vietnam.
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act. Section 736(b)(1) states that,
``{i{time} f the Commission, in its final determination under section
735(b), finds material injury or threat of material injury which, but
for the suspension of liquidation under section 733(d)(2) would have
led to a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under section
733(d)(2), shall be subject to the imposition of antidumping duties
under section 731.'' In addition, section 736(b)(2) of the Act requires
CBP to release any bond or other security and refund any cash deposit
made of estimated antidumping duties posted since the Department's
preliminary antidumping duty determinations.
Because the ITC's final determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted but for the imposition of suspension of liquidation of
entries since the Department's preliminary determinations, section
736(b)(2) of the Act is applicable. According to section 736(b)(2) of
the Act, where the ITC finds threat of material injury, duties shall
only be assessed on subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination. In addition, section 736(b)(2) of
the Act requires CBP to refund any cash deposits or bonds of estimated
antidumping duties posted since the preliminary antidumping
determinations and prior to the ITC's notice of final determination.
Therefore, on or after the date of publication of the ITC's notice
of final determination in the Federal Register, CBP will require,
pursuant to section 736(a)(3) of the Act, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit equal to the estimated dumping margins listed below. The all-
others rates for Indonesia and Taiwan apply to all Indonesian and
Taiwanese producers or exporters not specifically listed. The Vietnam-
wide rate applies to all Vietnamese exporters of subject merchandise
not specifically listed.
The antidumping duty margins and cash-deposit rates are as follows:
Indonesia
------------------------------------------------------------------------
Producer or Exporter Antidumping Duty Percent Margin
------------------------------------------------------------------------
P.T. Sido Bangun Indonesia..... 85.17
P.T. Super Exim Sari Ltd. and 69.64
P.T. Super Makmur.............
All Others..................... 69.64
------------------------------------------------------------------------
Taiwan
------------------------------------------------------------------------
Producer or Exporter Antidumping Duty Percent Margin
------------------------------------------------------------------------
Ipsido Corporation............. 95.81
TCI Plastic Co., Ltd........... 36.54
All Others..................... 36.54
------------------------------------------------------------------------
[[Page 23669]]
Socialist Republic of Vietnam\1\
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Antidumping-Duty Percent
Manufacturer Exporter Margin
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Alpha Plastics (Vietnam) Co., Ltd.[caret] Alpha Plastics (Vietnam) Co., 52.30
Ltd.[caret]
Alta Company[deg]........................ Alta Company[deg] 52.30
Ampac Packaging Vietnam Ltd.[caret]...... Ampac Packaging Vietnam Ltd. [caret] 52.30
BITAHACO*................................ BITAHACO* 52.30
Chin Sheng Co., Ltd.*.................... Chin Sheng Co., Ltd.* 52.30
Chung Va (Vietnam) Plastic Packaging Co., Chung Va Century Macao Commercial 52.30
Ltd.[caret]............................. Offshore Limited[caret]
Hanoi 27-7 Packaging Company Limited, aka Hanoi 27-7 Packing Company Limited, aka 52.30
Hanoi 27-7 Packaging Company Limited, Hanoi 27-7 Packing Company Limited,aka
aka HAPACK Co. Ltd, aka HAPACK[deg]..... HAPACK Co. Ltd, aka HAPACK[deg]
Hoi Hung Company Limited[caret].......... Kong Wai Polybag Printing 52.30
Company[caret]
Kinsplastic Vietnam Ltd. Co.[caret]...... Kinsplastic Vietnam Ltd. Co.[caret] 52.30
Loc Cuong Trading Producing Company Loc Cuong Trading Producing Company 52.30
Limited, aka Loc Cuong Trading Producing Limited, aka Loc Cuong Trading
Company, aka Loc Cuong Trading Producing Producing Company, aka Loc Cuong
Co. Ltd.*............................... Trading Producing Co. Ltd.*
Ontrue Plastics Co., Ltd. Ontrue Plastics Co., Ltd. 52.30
(Vietnam)[caret]........................ (Vietnam)[caret]
Richway Plastics Vietnam Co., Ltd.[caret] Richway Plastics Vietnam Co., 52.30
Ltd.[caret]
RKW Lotus Limited Co., Ltd., aka RKW RKW Lotus Limited Co., Ltd., aka RKW 52.30
Lotus Limited, aka RKW Lotus Ltd.[caret] Lotus Limited, aka RKW Lotus
Ltd.[caret]
VINAPACKINK Co., Ltd.*................... VINAPACKINK Co., Ltd.* 52.30
VN K's International Polybags Joint Stock K's International Polybags MFG Ltd * 52.30
Company *...............................
VN Plastic Industries Co. Ltd.[caret].... VN Plastic Industries Co. Ltd.[caret] 52.30
Vietnam-Wide Entity\2\................... ....................................... 76.11
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\1\ The symbol ``[caret]''designates companies as foreign-owned separate-rate recipients, ``*'' designates
companies as Vietnamese separate-rate recipients, and ``[deg]'' designates companies as state-owned separate-
rate recipients.
\2\ Advance Polybag Co., Ltd., Fotai Vietnam Enterprise Corp., Green Care Packaging Industrial (Vietnam) Co., An
Phat Plastic and Packing Joint Stock Co., Genius Development Ltd., J.K.C. Vina Co., Ltd., are all part of the
Vietnam-wide entity.
In accordance with section 736(b)(2) of the Act and 19 CFR
351.211(b), the Department will instruct CBP to terminate the
suspension of liquidation for entries of PRCBs from Indonesia, Taiwan,
and Vietnam entered, or withdrawn from warehouse, for consumption and
refund any cash deposits made and release any bonds posted for
estimated antidumping duties between the dates of publication of the
Department's preliminary determinations on October 27, 2009,\3\ for
Taiwan and November 3, 2009,\4\ for Indonesia and Vietnam and the day
before publication of the ITC's final determination in the Federal
Register.
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\3\ See Polyethylene Retail Carrier Bags From Taiwan:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 74 FR 55183 (October 27, 2009).
\4\ See Polyethylene Retail Carrier Bags from Indonesia:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 74 FR 56807 (November 3, 2009),
and Polyethylene Retail Carrier Bags From the Socialist Republic of
Vietnam: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 74 FR 56813 (November 3,
2009).
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This notice constitutes the antidumping duty orders with respect to
PRCBs from Indonesia, Taiwan, and Vietnam pursuant to section 736(a) of
the Act. Interested parties may contact the Central Records Unit of the
main Department of Commerce building, Room 1117, for copies of an
updated list of antidumping duty orders currently in effect.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: April 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10254 Filed 5-3-10; 8:45 am]
BILLING CODE 3510-DS-S
