On November 2, 2022, the United States Department of Commerce (DOC) initiated an anti-dumping investigation on paper file folders imported from Vietnam based on an investigation request from the domestic industry of this country. In addition to Vietnam, India and China are also two subjects of investigation for paper file folders exported to the US. In particular, India is also subject to further investigation on anti-subsidy.
The Coalition of Domestic Folder Manufacturers (plaintiff) consisting of 02 companies Smead Manufacturing Company and TOPS Products LLC has submitted an application for an anti-dumping investigation on the paper file folders imported from Vietnam, China, India on October 12, 2022.
The products subject to the investigation are clipboards with HS codes 4820.30.0040, 4820.30.0020. For Vietnam, the period of investigation (POI) is from April 1, 2022 to September 30, 2022 (Similar to China as both are Non-Market Economies). The alleged dumping margin for Vietnamese exporters is from 182.67 to 236.38%.
In its notice of investigation, the US Department of Commerce named 9 Vietnamese enterprises as mandatory respondents in the investigation case and issued Q&V questionnaires for the above-mentioned enterprises (China has 39 enterprises) provided that the above enterprises have been confirmed with precise addresses by the plaintiff.
Businesses that receive the Q&V questionnaires are responsible for submitting their responses to the Q&V questionnaires by 5:00 p.m. Eastern time on November 15th, 2022, which is 2 weeks from the date of signing of the US notice of initiation of the investigation.
If necessary, businesses may submit a letter requesting an extension of the deadline to submit a response with reasons as to why an extension is needed based on the specific situation of the business directly to the DOC.
In addition to the businesses specified in the application, it is expected that the DOC will make a decision on the mandatory selection of respondents within 20 days of the publication of the notice of initiation of the investigation.
The U.S. International Trade Commission (ITC) will issue a preliminary finding of injury to the domestic paper file folders industry within 45 days of receiving the request for an investigation.
DOC initiates anti-dumping investigation on paper file folders imported from Vietnam
If there is a preliminary/official conclusion that the import of paper file folders from 3 countries including Vietnam caused injury to the US domestic industry, preliminary/official anti-dumping duties can be issued, and through that, businesses that produce and export paper file folders to the United States will be subject to high duties and great losses.
Thereby, Vietnamese enterprises subject to the investigation should contact the Vietnam Department of Trade Remedies and cooperate with the DOC in submitting responses and other requests in a timely manner to avoid high duty rates. Any act of non-cooperation or inadequate cooperation may result in the US Investigation Service using the available evidence against the business or imposing the highest anti-dumping duty on the business.
The Initiation Notice can be downloaded here.
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.
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