MESSAGE NO: 9035201 DATE: 2/4/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-570-886

PERIOD COVERED: 01/26/2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR ANTIDUMPING SCOPE, RULING FOR
POLYETHYLENE RETAIL CARRIER BAGS FROM, CHINA(A-570-886)(CERTAIN BEST BUY
BAG NOT WITHIN)

1\. THE COMMERCE DEPARTMENT RECEIVED A SCOPE RULING REQUEST

FROM BEST BUY PURCHASING, LLC (BEST BUY). COMMERCE ISSUED A

FINAL SCOPE RULING ON 01/09/2009 THAT A CERTAIN SEALABLE

POLYETHYLENE BAG IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING

DUTY ORDER COVERING POLYETHYLENE RETAIL CARRIER BAGS FROM THE

PEOPLE\'S REPUBLIC OF CHINA (A-570-886).

2\. COMMERCE DETERMINED THAT A CERTAIN SEALABLE POLYETHYLENE

BAG REFERRED TO AS BEST BUY BAG MODEL NUMBER BESTBUY24ADH AND

IMPORTED BY BEST BUY IS NOT WITHIN THE SCOPE OF THE ORDER

BECAUSE IT IS SEALABLE. ONCE SEALED, THE SUBJECT BAG DOES NOT

ALLOW FOR RENTRY, I.E., ONCE SEALED, ADDITIONAL ITEMS CANNOT BE

INSERTED INTO THE BAG WITHOUT BREAKING THE SEAL. THEREFORE,

THESE SEALABLE POLYETHYLENE BAGS (BEST BUY BAG MODEL NUMBER

BESTBUY24ADH) ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY

ORDER COVERING POLYETHYLENE RETAIL CARRIER BAGS FROM THE

PEOPLE\'S REPUBLIC OF CHINA.

3\. EFFECTIVE 01/09/2009, TERMINATE SUSPENSION AND LIQUIDATE

ALL UNLIQUIDATED ENTRIES ENTERED, OR WITHDRAWN FROM WAREHOUSE,

FOR CONSUMPTION ON OR AFTER 01/26/2004 OF SEALABLE POLYETHYLENE

BAGS IMPORTED BY BEST BUY AND LISTED BY THE IMPORTER AS BEST

BUY MODEL NUMBER BESTBUY24ADH.

4\. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY

BONDS RELATING TO THE SEALABLE POLYETHYLENE BAGS IDENTIFIED

ABOVE.

5\. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF

SUSPENSION OF LIQUIDATION OF ENTRIES OF BEST BUY BAG MODEL

NUMBER BESTBUY24ADH, ENTERED OR WITHDRAWN FROM WAREHOUSE FOR

CONSUMPTION ON OR AFTER 01/26/2004.

6\. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP 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 08/09/2004.

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.

7\. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF POLYETHYLENE

RETAIL CARRIER BAGS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON

POLYETHYLENE RETAIL CARRIER BAGS FROM THE PEOPLE\'S REPUBLIC OF

CHINA (A-570-886).

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 O5: HP).

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

INFORMATION.

DAVID M. GENOVESE