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 Department of Commerce International Trade Administration [A-570-886, A-557-813, A-549-821]
 AGENCY: Import Administration, International Trade Administration,  Department of Commerce.
 SUMMARY: On July 1, 2009, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on polyethylene retail carrier bags (PRCBs) from the People's Republic of China (PRC), Thailand, and Malaysia pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-year (“Sunset”) Review, 74 FR 31412 (July 1, 2009). The Department has conducted expedited (120-day) sunset reviews for these orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping as indicated in the “Final Results of Review” section of this notice.
 DATES: *Effective Date:*
                         October 19, 2009.
 FOR FURTHER INFORMATION CONTACT: Dustin Ross or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration,  U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; 
                        *telephone:*
                         (202) 482-0747 or (202) 482-1690, respectively.


SUPPLEMENTARY INFORMATION: Background On July 1, 2009, the Department published the notice of initiation of the sunset reviews of the antidumping duty orders [1]
                    
                     on PRCBs from the PRC, Malaysia, and Thailand pursuant to section 751(c) of the Act. 
                    *See*
                     Initiation of Five-year (“Sunset”) Reviews, 74 FR 31412 (July 1, 2009) (Notice of Initiation). The Department received notices of intent to participate in these sunset reviews from the Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC, Superbag Corporation, Unistar Plastics LLC, Command Packaging, Roplast Industries Inc., and Genpack LLC (collectively, the Committee) within the 15-day period specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested-party status under section 771(9)(C) of the Act as producers of a domestic like product in the United States. The Department received complete substantive responses to the Notice of Initiation from the domestic interested parties within the 30-day period specified in 19 CFR 351.218(d)(3)(i). The Department received no substantive responses from any respondent interested parties. On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of the domestic interested parties and no responses filed on behalf of respondent interested parties and in accordance with 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting expedited (120-day) sunset reviews of the 
                    ( print page 53471)
                    antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand. Scope of the Orders The product covered in the sunset reviews of the antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand is PRCBs which 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 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 scopes of the 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. As a result of changes to the Harmonized Tariff Schedule of the United States (HTSUS), imports of the subject merchandise are currently classifiable under statistical category 3923.21.0085 of the HTSUS. Furthermore, although the HTSUS subheading is provided for convenience and customs purposes, the written descriptions of the scopes of the orders are dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the “Issues and Decision Memorandum for the Expedited Sunset Reviews of the Antidumping Duty Orders on Polyethylene Retail Carrier Bags from the People's Republic of China, Malaysia, and Thailand” from Acting Deputy Assistant Secretary John M. Andersen to Acting Assistant Secretary Ronald K. Lorentzen dated concurrently with this notice (Decision Memo), which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, Room 1117 of the main Department of Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at 
                    *http://ia.ita.doc.gov/​frn.*
                     The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Reviews The Department determines that revocation of the antidumping duty orders on PRCBs from the PRC, Malaysia, and Thailand would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: Country
Company
Weighted-average 
                             margin 
                             (percent)PRC
Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, Ltd. (formerly Dongguan Huang Jiang United Wah Plastic Bag Factory)
23.22Rally Plastics Company, Ltd
23.85Shanghai Glopack Packing Company, Ltd., and Sea Lake Polyethylene Enterprise, Ltd
19.79Xiamen Ming Pak Plastics Company, Ltd
35.58Zhongshan Dongfeng Hung Wai Plastic Bag Manufactory
41.28Beijing Lianbin Plastics and Printing Company, Ltd
25.69Dongguan Maruman Plastic Packaging Co., Ltd. (formerly Dongguan Zhongqiao Combine Plastic Bag Factory)
25.69Good-in Holdings, Ltd
25.69Guangdong Esquel Packaging Co., Ltd
25.69Nan Sing Plastics, Ltd
25.69Ningbo Fanrong Plastics Products Co., Ltd
25.69Ningbo Huansen Plasthetics Co., Ltd
25.69Rain Continent Shanghai Company, Ltd
25.69Shanghai Dazhi Enterprise Development Company, Ltd
25.69Shanghai Fangsheng Coloured Packaging Company, Ltd
25.69Shanghai Jingtai Packaging Material Company, Ltd
25.69Shanghai Light Industrial Products Import and Export Corporation
25.69Shanghai Minmetals Development, Ltd
25.69Shanghai New Ai Lian Import and Export Company, Ltd
25.69Shanghai Overseas International Trading Company, Ltd
25.69Shanghai Yafu Plastics Industries Company, Ltd
25.69Weihai Weiquan Plastic and Rubber Products Company, Ltd
25.69Xiamen Xingyatai Industry Company, Ltd
25.69Xinhui Henglong
25.69PRC-wide Rate
77.57Malaysia
Teong Chuan Plastic and Timber Sdn. Bhd
101.74Brandpak Industries Sdn. Bhd
101.74Gants Pac Industries
101.74Sido Bangun Sdn. Bhd
101.74Zhin HinlChin un Plastic Manufacturer  Sdn. Bhd
101.74All Others
84.94Thailand
Thai Plastic Bags Industries Co., Ltd
2.26( print page 53472)Universal Polybags Co. Ltd./Advance Polybags Inc./Alpine Plastics Inc./API Enterprises Inc
5.35TRC Polypack
122.88Champion Paper Polybags Ltd
122.88Zip-Pac Co., Ltd./King Pac Industrial Co., Ltd./King Pak/Zippac/Dpac Industrial/Kingbag/KP
122.88All Others
2.80
 Notification Regarding APO This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing the final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: October 6, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration.


# Footnotes

1.
    
                         On August 9, 2004, the Department published the following antidumping duty orders: Antidumping Duty Order: Polyethylene Retail Carrier Bags From the People's Republic of China, 69 FR 48201 (August 9, 2004); Antidumping Duty Order: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 48203 (August 9, 2004); Antidumping Duty Order: Polyethylene Retail Carrier Bags From Thailand, 69 FR 48204 (August 9, 2004). Back to Citation


[FR Doc. E9-24540 Filed 10-16-09; 8:45 am] BILLING CODE 3510-DS-M