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CV: Vietnam Polyethylene Retail Carrier Bags

The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of polyethylene retails carrier bags (PRCBs) from Vietnam.

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No CV Liq Suspension/Liability from Jan 2 Until ITC Finds Final Injury

The ITA has instructed U.S. Customs and Border Protection to discontinue the suspension of liquidation and liability for CV duty purposes for PRCBs from Vietnam entered on or after January 2, 2010, as the four month period for which the CV suspension of liquidation may remain in effect expired before the order was issued.

If the International Trade Commission issues a final affirmative injury determination, the ITA will issue a CV duty order and reinstate the CV suspension of liquidation and liability for CV duties, for PRCBs from Vietnam (except for entries produced and exported by Chin Sheng, as its final CV duty rate is de minimis).

(CV suspension of liquidation, and CV duty liability, continue for entries with a time of entry on or after September 4, 2009 through January 1, 2010.)

CV Cash Deposit Would be Required If ITC Finds Final Injury

Currently, no CV cash deposit is required. If the ITC issues a final affirmative injury determination, the ITA will also direct CBP to require CV cash deposits at the revised CV duty rates below for entries of PRCBs from Vietnam (except for entries produced and exported by Chin Sheng).

Producer/Exporter
Advance Polybag Co., Ltd.
Chin Sheng Company, Ltd. 1
Fotai Vietnam Enterprise Corp. and Fotai Enterprise Corporation
All Others

1The ITA has determined a final de minimis CV duty rate of 0.44% for Chin Sheng, therefore, no cash deposit will be required; however, it will remain subject to the order.

(If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.)

(See ITA notice for additional information, including the scope of the order (which remains unchanged since the initiation notice), etc.

See today's issue of ITT, 10040150 and 10040155, for BP summaries of the final antidumping duty determinations for PRCBs from Vietnam and Indonesia.

See ITT's Online Archives or 09/04/09 news, 09090435, for BP summary of the ITA's preliminary CV duty determination.

See ITT's Online Archives or 03/29/10 news, 10032970, for BP summary of the ITA's fact sheet announcing this final CV determination and the companion AD determination.)

ITA contact - Gene Calvert (202) 482-3586

ITA notice (FR Pub 04/01/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-7395.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-vietnam-indonesia-prcb-final-032610.pdf