[Federal Register: February 9, 2004 (Volume 69, Number 26)]
[Notices]               
[Page 6004-6005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe04-81]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1043-1045 (Final)]

 
Polyethylene Retail Carrier Bags From China, Malaysia, and 
Thailand

AGENCY: International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-1043-1045 (Final) 
under Sec. 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the 
Act) to determine whether 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 less-than-fair-value imports from China, 
Malaysia, and Thailand of polyethylene retail carrier bags, provided 
for in subheading 3923.21.00 of the Harmonized Tariff Schedule of the 
United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``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 .035 inch (0.889 mm) and no less than .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 scope of the investigations 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, trash-can liners).''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, 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 C 
(19 CFR part 207).

EFFECTIVE DATE: January 26, 2004.

FOR FURTHER INFORMATION CONTACT: Olympia Hand, (202) 205-3182, 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 

investigations may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.


SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that imports of polyethylene retail carrier bags 
from China, Malaysia, and Thailand are being sold in the United States 
at less than fair value within the meaning of Sec. 733 of the Act (19 
U.S.C. 1673b). The investigations were requested in a petition filed on 
June 20, 2003, by PCL Packaging, Inc., Barrie, Ontario; Sonoco Products 
Co., Hartsville, SC; Superbag Corp., Houston, TX; Vanguard Plastics, 
Inc., Farmers Branch, TX; and Interplast Group, Ltd., Livingston, NJ; 
collectively known as the Polyethylene Retail Carrier Bag Committee.
    Participation in the investigations 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 final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing

[[Page 6005]]

date specified in this notice. A party that filed a notice of 
appearance during the preliminary phase of the investigations need not 
file an additional notice of appearance during this final phase. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will 
make BPI gathered in the final phase of these investigations available 
to authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on May 26, 
2004, and a public version will be issued thereafter, pursuant to Sec. 
207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on June 10, 
2004, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before June 3, 2004. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on June 7, 2004, 
at the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
Sec.Sec. 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec. 207.23 of the Commission's rules; 
the deadline for filing is June 3, 2004. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in Sec. 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec. 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is June 
17, 2004; witness testimony must be filed no later than three days 
before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the investigations 
on or before June 17, 2004. On July 6, 2004, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before July 8, 2004, but such final comments must not 
contain new factual information and must otherwise comply with Sec. 
207.30 of the Commission's rules. All written submissions must conform 
with the provisions of Sec. 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
Sec.Sec. 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 Sec. 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002).
    In accordance with Sec.Sec. 201.16(c) and 207.3 of the Commission's 
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 Sec. 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: February 3, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-2659 Filed 2-6-04; 8:45 am]
BILLING CODE 7020-02-P