Polyethylene Retail Carrier Committee Applauds U.S. Custom's Finding of Illegal Evasion of Antidumping and Countervailing Duty Orders

King & Spalding advised the Polyethylene Retail Carrier Committee, an ad hoc coalition of U.S. plastic bag manufacturers in the investigation arising out of an allegation brought in October 2019 under the Enforce and Protect Act (“EAPA”). U.S. Customs and Border Protection (“Customs”) found last week that Mac Swed, Inc. (“Mac Swed”), an importer located in New York, evaded antidumping and countervailing duties on entries of polyethylene retail carrier bags (“PRCBs”). Customs found that K’s Laos had no manufacturing capabilities and that the bags actually originated from Vietnam. Customs will now proceed to collect applicable duties on Mac Swed’s past entries and impose additional restrictions on future entries, in addition to possibly pursuing other civil and criminal penalties.