[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Notices]
[Pages 16009-16010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7967]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-462 and 731-TA-1156-1158 (Preliminary)]


Polyethylene Retail Carrier Bags From Indonesia, Taiwan, and 
Vietnam

AGENCY: United States International Trade Commission.

ACTION: Institution of antidumping and countervailing duty 
investigations and scheduling of preliminary phase investigations.

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SUMMARY: The Commission hereby gives notice of the institution of 
investigations and commencement of preliminary phase antidumping and 
countervailing duty investigations Nos. 701-TA-462 and 731-TA-1156-1158 
(Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 
1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether 
there is a reasonable indication that an industry in the United States 
is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from Indonesia, Taiwan, and Vietnam of 
polyethylene retail carrier bags, provided for in subheading 3923.21.00 
of the Harmonized Tariff Schedule of the United States, that are 
alleged to be sold in the United States at less than fair value and 
alleged to be subsidized by the Government of Vietnam. Unless the 
Department of Commerce extends the time for initiation pursuant to 
sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. 
1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must reach a 
preliminary determination in antidumping and countervailing duty 
investigations in 45 days, or in this case by May 15, 2009. The 
Commission's views are due at Commerce within five business days 
thereafter, or by May 22, 2009.
    For further information concerning the conduct of these 
investigations and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A and B (19 CFR 
part 207).

DATES: Effective Date: March 31, 2009.

FOR FURTHER INFORMATION CONTACT: Joshua Kaplan (202-205-3184), Office 
of Investigations, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--These investigations are being instituted in response 
to a petition filed on March 31, 2009, by Hilex Poly Co., Hartsville, 
SC and Superbag Corporation, Houston, TX.
    Participation in the Investigations and Public Service List.--
Persons (other than petitioners) wishing to participate in the 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in sections 201.11 and 207.10 
of the Commission's rules, not later than seven days after publication 
of this notice in the Federal Register. Industrial users and (if the 
merchandise under investigation is sold at the retail level) 
representative consumer organizations have the right to appear as 
parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to these investigations upon the 
expiration of the period for filing entries of appearance.
    Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List.--
Pursuant to

[[Page 16010]]

section 207.7(a) of the Commission's rules, the Secretary will make BPI 
gathered in these investigations available to authorized applicants 
representing interested parties (as defined in 19 U.S.C. 1677(9)) who 
are parties to the investigations under the APO issued in the 
investigations, provided that the application is made not later than 
seven days after the publication of this notice in the Federal 
Register. A separate service list will be maintained by the Secretary 
for those parties authorized to receive BPI under the APO.
    Conference.--The Commission's Director of Operations has scheduled 
a conference in connection with these investigations for 9:30 a.m. on 
April 21, 2009, at the U.S. International Trade Commission Building, 
500 E Street SW., Washington, DC. Parties wishing to participate in the 
conference should contact Joshua Kaplan (202-205-3184) not later than 
April 16, 2009, to arrange for their appearance. Parties in support of 
the imposition of antidumping and countervailing duties in these 
investigations and parties in opposition to the imposition of such 
duties will each be collectively allocated one hour within which to 
make an oral presentation at the conference. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the conference.
    Written Submissions.--As provided in sections 201.8 and 207.15 of 
the Commission's rules, any person may submit to the Commission on or 
before April 24, 2009, a written brief containing information and 
arguments pertinent to the subject matter of the investigations. 
Parties may file written testimony in connection with their 
presentation at the conference no later than three days before the 
conference. If briefs or written testimony contain BPI, they must 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002). Even where 
electronic filing of a document is permitted, certain documents must 
also be filed in paper form, as specified in II (C) of the Commission's 
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 
8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigations must be served on all 
other parties to the investigations (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: April 1, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-7967 Filed 4-7-09; 8:45 am]
BILLING CODE 7020-02-P