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Recently, the United States Department of Commerce (DOC) announced the final conclusion regarding the anti-dumping investigation of paper bags imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam (with China and India also investigated for subsidies).
On June 21, 2023, the DOC officially initiated an anti-dumping investigation on paper shopping bags imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam.
The investigated products are paper shopping bags with HS codes 4819.30.0040 and 4819.40.0040, based on a petition filed on May 31, 2023, by the U.S. domestic industry (Petitioner: Coalition for Fair Trade in Shopping Bags).
The period of investigation (POI) for Vietnam spans from October 1, 2022, to March 31, 2023. The alleged dumping margins for Vietnamese exporters range from 27.64% to 92.34%. It is noted that these anti-dumping duties have decreased from the initial allegations, which ranged from 63.67% to 128.81%.
On January 3, 2024, the DOC announced its preliminary conclusion, determining a dumping margin of 51.25% for the sole mandatory respondent company. Three companies meeting separate rate conditions also faced this rate, while other companies were subject to a nationwide rate of 92.34%, the highest alleged duty.
On May 21, 2024, the DOC adjusted the dumping margins for Vietnamese producers and exporters as follows: The dumping margin for the sole mandatory respondent company was reduced to 36.51% due to the DOC’s reconsideration of certain surrogate values and correction of calculation errors. The three companies meeting separate rate conditions also faced this rate, while other companies remained subject to the nationwide rate of 92.34% (unchanged from the preliminary conclusion).
The U.S. International Trade Commission (ITC) is expected to issue its final determination on injury by July 1, 2024. If the ITC determines no injury, the case will be terminated, although this is unlikely. If the ITC determines there is injury, the DOC will issue an order to impose duties.
To protect their legitimate rights, businesses should contact a reputable anti-dumping and trade remedy law firm for timely support and guidance on responding to questionnaires and cooperating with the investigating authorities to receive reasonable separate rates.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
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