Tiếng Việt
中文 (中国)
On January 24, 2024, the United States Department of Commerce (DOC) received petitions for anti-dumping and countervailing duty investigations concerning certain paper disc products imported from China, Thailand, and Vietnam.
In this case, Thailand is proposed for an anti-dumping investigation. China and Vietnam are proposed for both anti-dumping and countervailing duty investigations.
The products under investigation include certain paper disc products under HS code 4823.69.0040. Case numbers: A-552-839 and C-552-840. The petitioners consist of a group of 06 companies manufacturing paper disc products in the United States.
The date of receipt of the petition for investigation is January 24, 2024.
According to the petitioners, during the most recent 12-month period (from December 2022 to November 2023), imports from Vietnam amounted to approximately 3,240 metric tons, accounting for about 4.02% of total imports into the United States (while China accounted for about 73.98% and Thailand accounted for about 2.82%).
According to USITC data, Vietnam exported approximately USD 9.3 million of these products to the United States in 2022. In the 11 months of 2023, Vietnam exported about USD 7.4 million (a decrease of 16% compared to the same period the previous year).
The petitioners also allege that the increase in imports from the period 2020-2023 has caused significant injury to the domestic manufacturing industry of the United States, originating from numerous companies, including 9 Vietnamese companies.
According to information in the petition for investigation, the alleged dumping margin with Vietnam ranges from 255.46% to 278.46%.
As the United States considers Vietnam a non-market economy, the DOC will use surrogate values from a third country to calculate the dumping margin for Vietnam. In this case, the petitioners propose using Indonesia as the surrogate country, arguing that Indonesia has a similar level of economic development to Vietnam and a significant number of paper disc manufacturers (Indonesia is on the latest list of substitute countries issued by the DOC for Vietnam). Parties have a 30-day period to comment on the surrogate country before the DOC issues the preliminary determination of the case.
The petitioners allege that Vietnamese paper disc manufacturing/exporting companies have received 22 subsidy programs from the government, causing significant harm or threatening significant harm to the US paper disc manufacturing industry.
In the future, the DOC will be responsible for investigating dumping and subsidy behaviors and will take responsibility for the investigation results, while the ITC will assess the injury to the domestic manufacturing industry. The investigated products will only be subject to anti-dumping/countervailing duties if both agencies issue affirmative determinations.
Related Vietnamese companies should closely monitor the progress of investigations by these two agencies and provide timely feedback and documents when requested. To ensure their rights, proactive engagement and cooperation with a reputable law firm specializing in anti-dumping and trade remedy in Vietnam and internationally are essential.
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
