August 2009 notices of institution

UNITED STATES INTERNATIONAL TRADE COMMISSION

Investigation Nos. 731-TA-1043-1045 (Review)
POLYETHYLENE RETAIL CARRIER BAGS
FROM CHINA, MALAYSIA, AND THAILAND

AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the antidumping duty orders on polyethylene retail
carrier bags from China, Malaysia, and Thailand.
SUMMARY: The Commission hereby gives notice that it has instituted reviews pursuant to section
751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine whether revocation of the
antidumping duty orders on polyethylene retail carrier bags from China, Malaysia, and Thailand would be
likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act,
interested parties are requested to respond to this notice by submitting the information specified below to
the Commission;1 to be assured of consideration, the deadline for responses is July 31, 2009. Comments
on the adequacy of responses may be filed with the Commission by September 15, 2009. For further
information concerning the conduct of these reviews 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, D, E, and F (19 CFR part 207).
EFFECTIVE DATE: DATE OF PUBLICATION IN THE FEDERAL REGISTER
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), 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 these reviews may be viewed on the Commission’s electronic docket (EDIS) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On August 9, 2004, the Department of Commerce issued antidumping duty orders
on imports of polyethylene retail carrier bags from China, Malaysia, and Thailand (69 FR 48201-48204).
The Commission is conducting reviews to determine whether revocation of the orders would be likely to
lead to continuation or recurrence of material injury to the domestic industry within a reasonably
foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to
determine whether to conduct full reviews or expedited reviews. The Commission’s determinations in
any expedited reviews will be based on the facts available, which may include information provided in
response to this notice.

1

No response to this request for information is required if a currently valid Office of Management and Budget
(OMB) number is not displayed; the OMB number is 3117-0016/USITC No. 09-5-198, expiration date June 30,
2011. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments
regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission,
500 E Street, SW, Washington, DC 20436.

Definitions.--The following definitions apply to these reviews:
(1)

Subject Merchandise is the class or kind of merchandise that is within the scope of the
five-year reviews, as defined by the Department of Commerce.

(2)

The Subject Countries in these reviews are China, Malaysia, and Thailand.

(3)

The Domestic Like Product is the domestically produced product or products which are
like, or in the absence of like, most similar in characteristics and uses with, the Subject
Merchandise. In its original determinations, the Commission found one Domestic Like
Product consisting of the continuum of polyethylene retail carrier bags, consistent with
Commerce’s sope.

(4)

The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or
those producers whose collective output of the Domestic Like Product constitutes a major
proportion of the total domestic production of the product. In its original determinations,
the Commission found a single Domestic Industry consisting of all U.S. producers of
polyethylene retail carrier bags.

(5)

The Order Date is the date that the antidumping duty orders under review became
effective. In these reviews, the Order Date is August 9, 2004.

(6)

An Importer is any person or firm engaged, either directly or through a parent company
or subsidiary, in importing the Subject Merchandise into the United States from a foreign
manufacturer or through its selling agent.

Participation in the reviews and public service list.--Persons, including industrial users of the
Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission’s rules, no later than
21 days after publication of this notice in the Federal Register. The Secretary will maintain a public
service list containing the names and addresses of all persons, or their representatives, who are parties to
the reviews.
Former Commission employees who are seeking to appear in Commission five-year reviews are
advised that they may appear in a review even if they participated personally and substantially in the
corresponding underlying original investigations. The Commission’s designated agency ethics official
recently has advised that a five-year review is no longer considered the “same particular matter” as the
corresponding underlying original investigation for purposes of 18 U.S.C. § 207, the post employment
statute for Federal employees, and Commission rule 201.15(b)(19 C.F.R. § 201.15(b)), 73 Fed. Reg.
24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics.
Consequently, former employees are no longer required to seek Commission approval to appear in a
review under Commission rule 19 C.F.R. § 201.15, even if the corresponding underlying original
investigation was pending when they were Commission employees. For further ethics advice on this
matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under an administrative protective
order (APO) and APO service list.--Pursuant to section 207.7(a) of the Commission’s rules, the Secretary
will make BPI submitted in these reviews available to authorized applicants under the APO issued in the
reviews, provided that the application is made no later than 21 days after publication of this notice in the
Federal Register. Authorized applicants must represent interested parties, as defined in 19 U.S.C. §
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1677(9), who are parties to the reviews. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission’s rules, any person submitting
information to the Commission in connection with these reviews must certify that the information is
accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter
will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract
personnel to use the information provided in any other reviews or investigations of the same or
comparable products which the Commission conducts under Title VII of the Act, or in internal audits and
investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
Written submissions.--Pursuant to section 207.61 of the Commission’s rules, each interested party
response to this notice must provide the information specified below. The deadline for filing such
responses is July 31, 2009. Pursuant to section 207.62(b) of the Commission’s rules, eligible parties (as
specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission should conduct expedited or full
reviews. The deadline for filing such comments is September 15, 2009. All written submissions must
conform with the provisions of sections 201.8 and 207.3 of the Commission’s rules and any submissions
that contain BPI must also conform with the requirements of sections 201.6 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 Fed. Reg. 68036 (November 8, 2002). Also, in accordance with sections 201.16(c)
and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all
other parties to the reviews (as identified by either the public or APO service list as appropriate), and a
certificate of service must accompany the document (if you are not a party to the reviews you do not need
to serve your response).
Inability to provide requested information.--Pursuant to section 207.61(c) of the Commission’s
rules, any interested party that cannot furnish the information requested by this notice in the requested
form and manner shall notify the Commission at the earliest possible time, provide a full explanation of
why it cannot provide the requested information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this notification (or the Commission finds
the explanation provided in the notification inadequate) and fails to provide a complete response to this
notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the
Act in making its determinations in the reviews.
INFORMATION TO BE PROVIDED IN RESPONSE TO THIS NOTICE OF INSTITUTION: If you
are a domestic producer, union/worker group, or trade/business association; import/export Subject
Merchandise from more than one Subject Country; or produce Subject Merchandise in more than one
Subject Country, you may file a single response. If you do so, please ensure that your response to each
question includes the information requested for each pertinent Subject Country. As used below, the term
“firm” includes any related firms.
(1)

The name and address of your firm or entity (including World Wide Web address if available)
and name, telephone number, fax number, and E-mail address of the certifying official.

(2)

A statement indicating whether your firm/entity is a U.S. producer of the Domestic Like Product,
a U.S. union or worker group, a U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or business association, or another
interested party (including an explanation). If you are a union/worker group or trade/business
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association, identify the firms in which your workers are employed or which are members of your
association.
(3)

A statement indicating whether your firm/entity is willing to participate in these reviews by
providing information requested by the Commission.

(4)

A statement of the likely effects of the revocation of the antidumping duty orders on the Domestic
Industry in general and/or your firm/entity specifically. In your response, please discuss the
various factors specified in section 752(a) of the Act (19 U.S.C. § 1675a(a)) including the likely
volume of subject imports, likely price effects of subject imports, and likely impact of imports of
Subject Merchandise on the Domestic Industry.

(5)

A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify
any known related parties and the nature of the relationship as defined in section 771(4)(B) of the
Act (19 U.S.C. § 1677(4)(B)).

(6)

A list of all known and currently operating U.S. importers of the Subject Merchandise and
producers of the Subject Merchandise in each Subject Country that currently export or have
exported Subject Merchandise to the United States or other countries since the Order Date.

(7)

A list of 3–5 leading purchasers in the U.S. market for the Domestic Like Product and the Subject
Merchandise (including street address, World Wide Web address, and the name, telephone
number, fax number, and E-mail address of a responsible official at each firm).

(8)

A list of known sources of information on national or regional prices for the Domestic Like
Product or the Subject Merchandise in the U.S. or other markets.

(9)

If you are a U.S. producer of the Domestic Like Product, provide the following information on
your firm’s operations on that product during calendar year 2008, except as noted (report quantity
data in number of bags and value data in U.S. dollars, f.o.b. plant). If you are a union/worker
group or trade/business association, provide the information, on an aggregate basis, for the firms
in which your workers are employed/which are members of your association.
(a)

Production (quantity) and, if known, an estimate of the percentage of total U.S.
production of the Domestic Like Product accounted for by your firm’s(s’) production;

(b)

Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of
production that your establishment(s) could reasonably have expected to attain during the
year, assuming normal operating conditions (using equipment and machinery in place and
ready to operate), normal operating levels (hours per week/weeks per year), time for
downtime, maintenance, repair, and cleanup, and a typical or representative product mix);

(c)

The quantity and value of U.S. commercial shipments of the Domestic Like Product
produced in your U.S. plant(s); and

(d)

The quantity and value of U.S. internal consumption/company transfers of the Domestic
Like Product produced in your U.S. plant(s).

(e)

The value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling,
general and administrative (SG&A) expenses, and (v) operating income of the Domestic
Like Product produced in your U.S. plant(s) (include both U.S. and export commercial
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sales, internal consumption, and company transfers) for your most recently completed
fiscal year (identify the date on which your fiscal year ends).
(10)

(11)

(12)

If you are a U.S. importer or a trade/business association of U.S. importers of the Subject
Merchandise from the Subject Country(ies), provide the following information on your firm’s(s’)
operations on that product during calendar year 2008 (report quantity data in number of bags and
value data in U.S. dollars). If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a)

The quantity and value (landed, duty-paid but not including antidumping duties) of U.S.
imports and, if known, an estimate of the percentage of total U.S. imports of Subject
Merchandise from each Subject Country accounted for by your firm’s(s’) imports;

(b)

The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S.
commercial shipments of Subject Merchandise imported from each Subject Country; and

(c)

The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal
consumption/company transfers of Subject Merchandise imported from each Subject
Country.

If you are a producer, an exporter, or a trade/business association of producers or exporters of the
Subject Merchandise in the Subject Country(ies), provide the following information on your
firm’s(s’) operations on that product during calendar year 2008 (report quantity data in number of
bags and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including
antidumping duties). If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a)

Production (quantity) and, if known, an estimate of the percentage of total production of
Subject Merchandise in each Subject Country accounted for by your firm’s(s’)
production; and

(b)

Capacity (quantity) of your firm to produce the Subject Merchandise in each Subject
Country (i.e., the level of production that your establishment(s) could reasonably have
expected to attain during the year, assuming normal operating conditions (using
equipment and machinery in place and ready to operate), normal operating levels (hours
per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a
typical or representative product mix); and

(c)

The quantity and value of your firm’s(s’) exports to the United States of Subject
Merchandise and, if known, an estimate of the percentage of total exports to the United
States of Subject Merchandise from each Subject Country accounted for by your
firm’s(s’) exports.

Identify significant changes, if any, in the supply and demand conditions or business cycle for the
Domestic Like Product that have occurred in the United States or in the market for the Subject
Merchandise in each Subject Country since the Order Date, and significant changes, if any, that
are likely to occur within a reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to increase production (including
the shift of production facilities used for other products and the use, cost, or availability of major
inputs into production); and factors related to the ability to shift supply among different national
markets (including barriers to importation in foreign markets or changes in market demand
5

abroad). Demand conditions to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among the Domestic Like Product
produced in the United States, Subject Merchandise produced in the Subject Country(ies), and
such merchandise from other countries.
(13)

(OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like
Product and Domestic Industry; if you disagree with either or both of these definitions, please
explain why and provide alternative definitions.

AUTHORITY: These reviews are being conducted under authority of title VII of the Tariff Act of 1930;
this notice is published pursuant to section 207.61 of the Commission’s rules.
By order of the Commission.

Marilyn R. Abbott
Secretary to the Commission
Issued:

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