Import Administration
Polyethylene Retail Carrier Bags from Taiwan (A-583-843)

Scope Description:

The merchandise subject to this antidumping duty order are 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 (15.24 cm) 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 this antidumping duty order excludes (1) PRCBs that are not printed with logos or store names and that are closeable with drawstrings made of polyethylene film and (2) PRCBs 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.

Imports of merchandise included within the scope of this antidumping duty order are currently classifiable under statistical category 3923.21.0085 of the Harmonized Tariff Schedule of the United States (HTSUS). This subheading may also cover products that are outside the scope of this antidumping duty order. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this antidumping duty order is dispositive.

Scope Rulings Made Between October 1, 2012, and December 31, 2012:
Requestor: SmileMakers, Inc.; its model Item TSHP bag is within the scope of the antidumping duty order; November 19, 2012.

Scope Rulings Made Between July 1, 2012, and September 30, 2012
Requestor: SmileMakers, Inc.; its specialty patient bags are within the scope of the antidumping duty order; July 16, 2012.

Scope Rulings Made Between October 1, 2014 and December 31, 2014
Requestor: Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corp.; Certain unfinished polyethylene retail carrier bags from Taiwan that appear ready to undergo the final processing of cutting the unfinished polyethylene retail carrier bag to length, sealing the bottoms, and die-cutting the unfinished polyethylene retail carrier bags to create the handles of the finished polyethylene retail carrier bags are circumventing the antidumping duty order. The unfinished polyethylene retail carrier bags subject to this determination may or may not have printing and may be of different dimensions as long as they meet the description of the scope of the order; October 9, 2014.