CV: Vietnam Polethylene Retail Carrier Bags

ITA Requests Comments on Application of CV Duty Law to Vietnam Imports

The ITA notes that this is the first CV duty petition filed involving Vietnam. Because the petitioners have provided sufficient information to support their allegations, meeting the statutory criteria for initiating a CV duty investigation of PRCBs from Vietnam, the ITA states that initiation of a CV duty investigation is warranted in this case.

However, the ITA intends to determine whether the CV duty law should be applied to imports from Vietnam. Given the complex legal and policy issues involved, the ITA invites public comments on this matter by May 27, 2009.

Comments on Respondent Selection Due May 4th

For this investigation, the ITA intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports under Harmonized Tariff Schedule number 3923.21.0085 during the investigation period. Interested parties may submit comments regarding the CBP data and respondent selection by May 4, 2009.

Scope of the Investigation

The merchandise subject to this investigation is polyethylene retail carrier bags (PRCBs), which also 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.

Scope exclusions.The scope of this investigation excludes (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, trashcan liners.

HTS classification.Imports of merchandise included within the scope of this investigation are currently classifiable under Harmonized Tariff Schedule subheading 3923.21.0085. This subheading may also cover products that are outside the scope of this investigation. Furthermore, although the HTS subheading is provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

Comments on the Scope of the Investigation

Comments on the scope of this CV duty investigation are due by May 18, 2009.

(See today's ITT, 09042750, for BP summary of the ITA's initiation of a companion antidumping duty investigation.)

-ITA's preliminary CV duty determination due no later than 06/24/09

- International Trade Commission's preliminary CV injury determination due no later than 05/15/09

ITA contact - Jun Jack Zhao (202) 482-1396

ITA Vietnam CV notice (FR Pub 04/27/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-9565.pdf

ITA CV fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prcb-cvd-init-042109.pdf