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The U.S. Department of Commerce (DOC) has recently issued its preliminary determination in the anti-dumping (AD) investigation concerning molded fiber products imported from Vietnam.
1. Case Background
- Product Under Investigation: Molded fiber products
Primary HS Codes: 4823.70.0020, 4823.70.0040
Additional Codes: 4823.61.20, 4823.61.40, 4823.69.20, 4823.69.40 - Petitioners: Genera, Tellus Products, LLC, and the United Steelworkers Union (USW – AFL-CIO)
- Period of Investigation (POI): April 1, 2024 – September 30, 2024
2. DOC Preliminary Determination
DOC has issued the following preliminary anti-dumping duty rates (net of countervailing duties):
- Mandatory Respondent: 0.76%
- Separate Rate Companies: 0.76%
- Non-cooperative Companies (those that did not respond to DOC’s quantity and value questionnaire or failed to apply for a separate rate): 211.60%
(Calculated based on adverse facts available – AFA)
Comparison with China: Chinese exporters in the same case are subject to significantly higher preliminary AD rates, ranging from 47.44% to 477.97%.
This outcome is favorable for cooperative Vietnamese exporters, especially in light of the low preliminary countervailing duty rate of 3.39%. However, the AD rates remain subject to change in the final determination.
3. Next Steps and Recommendations
- On-site Verification: The DOC will conduct on-site verifications at selected Vietnamese companies to confirm submitted data.
- Opportunity for Submissions:
- Case Briefs (e.g., comments on product scope): Due within 30 days of May 6, 2025
- Rebuttal Briefs: Due within 7 days after the case brief deadline
- Final Determination: Expected by July 21, 2025 (subject to extension)
Recommendations: Vietnamese exporters involved in the case should maintain full cooperation with the DOC and closely monitor the proceedings to safeguard the favorable preliminary outcome through to the final determination.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms specializing in anti-dumping and trade remedy for timely assistance.
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.
