MESSAGE NO: 6194206 DATE: 7/13/2006

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