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On August 30, 2024, the U.S. Department of Commerce (DOC) issued a preliminary determination in the anti-dumping investigation concerning paper plates (classified under HS codes 4823.69.0040 or 4823.61.0040 and potentially packaged with other products under HS codes 9505.90.4000 and 9505.90.6000) imported from Vietnam.
The investigated products include plates pressed or cut from paperboard (hereafter referred to as paper plates), excluding:
(i) plates molded or directly pressed from pulp;
(ii) plates with a depth of 1.25 to less than 2 inches and a bottom diameter of no more than 5 inches (if round) or with an area of no more than 20 square inches (if of other shapes).
The products under investigation are classified under HS codes 4823.69.00.40 or 4823.61.00.40. Additionally, during the initiation review stage, U.S. paper plate manufacturers (petitioners) provided further information to adjust the scope of the investigation, arguing that paper plates may be packaged with other products under HS codes 9505.90.4000 and 9505.90.6000.
According to the petitioners, from December 2022 to November 2023, approximately 3,240 tons of paper plates allegedly sold at dumping prices were imported into the U.S. from Vietnam, accounting for about 4.02% of total imports (with China accounting for about 73.98% and Thailand for about 2.82%).
According to data from the U.S. International Trade Commission (ITC), Vietnam exported approximately USD 9.3 million worth of these products to the U.S. in 2022 and about USD 9 million in 2023.
The alleged dumping margin for Vietnam ranges from 153.09% to 165.27%, which is lower than the alleged margin for China (154.57% – 178.80%) but higher than that for Thailand (61.03% – 73.17%).
As the U.S. considers Vietnam a non-market economy, the DOC uses surrogate values from third countries to calculate the dumping margins for Vietnam. Indonesia is commonly chosen as the surrogate country in trade remedy cases involving Vietnam, and it has also been selected for this case.
The U.S. had issued a preliminary determination on the anti-subsidy investigation on June 25, 2024. According to the preliminary anti-dumping determination just issued, the provisional anti-dumping duties are as follows:
- The sole mandatory respondent company: 0%;
- All other companies: 159.79%, calculated based on adverse facts available.
The DOC is expected to conduct on-site verifications to confirm the information provided by Vietnamese companies, which will serve as one of the bases for the final determination and the official duty rates for Vietnamese companies. The final determination is expected to be issued in early 2025.
The preliminary duty rates highlight the importance of proactive cooperation with the investigating authorities, providing accurate, truthful, and timely data to secure more favorable duty rates compared to the nationwide rate.
To protect their legitimate rights and interests, relevant companies should contact a reputable law firm specializing in anti-dumping and trade remedy for timely support throughout the investigation process.
For more details on the handling process, companies can contact ASL LAW. ASL LAW is a law firm with expertise in anti-dumping and trade remedy, having successfully protected many companies over the years.
The DOC’s preliminary determination notice can be downloaded here.
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].
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.
