A petition filed May 31 alleges that paper shopping bags imported from nine countries are being sold at less than fair value in the U.S. and that imported bags from two countries (China and India) are benefiting from countervailable subsidies The alleged average dumping margins are as follows.

Cambodia – 44.29% to 221.36%

China – 133.80% to 324.24%

Colombia – 65.04%

India – 22.05% to 88.56%

Malaysia – 173.38%

Portugal – 26.71% to 204.54%

Taiwan – 44.76% to 50.13%

Turkey – 12.51% to 45.29%

Vietnam – 63.67% to 128.81%

The products covered by this petition are paper shopping bags with handles of any type, regardless of whether there is any printing, how the top edges are finished, and whether the tops can be sealed. Subject bags have a width of at least 4.5 inches and depth of at least 2.5 inches. They are classifiable under HTSUS 4819.30.0040 and 4819.40.0040.

Goods excluded from the scope of the petition include (1) multi-wall sacks and bags, (2) paper sacks or bags that are of a 1/6 or 1/7 barrel size with flat paper handles, (3) paper sacks or bags with die-cut handles, a standard basis paper weight of less than 38 pounds, and a height of less than 11.5 inches, (4) shopping bags with non-paper handles made wholly of woven ribbon or other similar woven fabric that are finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, or plastic) are used to secure the handles to the bags, and (5) gift bags marked for retail sale that are physically bundled into the saleable unit prior to importation such that each bundled unit is composed of no less than three and no more than thirty individual bags.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information, please contact attorney Kristen Smith at (202) 730-4965.

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