January 25, 2024

New Antidumping Duty and Countervailing Duty Petitions on Certain Paper Plates from China, Thailand and Vietnam

At a Glance

  • Several petitioners filed both antidumping duty petitions and countervailing duty petitions on certain paper plates from China, Thailand and Vietnam.
  • Investigations related to these petitions could result in increased prices and/or decreased supply of certain paper plates.
  • The U.S. Department of Commerce is expected to begin investigations on February 14, 2024.

On January 25, 2024, antidumping duty (AD) petitions were filed on certain paper plates from China, Thailand and Vietnam, and countervailing duty (CVD) petitions were filed on certain paper plates from China and Vietnam. The petitions were filed by the American Paper Plate Coalition, which consists of AJM Packaging Corporation, Aspen Products Inc., Dart Container Corporation, Hoffmaster Group Inc., Huhtamaki Americas, Inc. and Unique Industries Inc. (collectively “Petitioners”).

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidization is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of certain paper plates.

Scope

The merchandise subject to this investigation is certain paper plates. Paper plates subject to this investigation may be uncolored, white, colored, or printed. Printed paper plates subject to this investigation may have any type of surface finish, and may be printed by any means with images, text and/or colors on one or both surfaces. Colored paper plates subject to this investigation may be colored by any method, including but not limited to printing, beater-dyeing, and dip-dyeing. Paper plates subject to this investigation may be produced from paper of any type, may have any caliper or basis weight, may have any shape or size, may have one or more than one section, may be embossed, may have foil or other substances adhered to their surface, and/or may be uncoated or coated with any type of coating.

The paper plates subject to this investigation remain covered by the scope of this investigation whether imported alone, or in any combination of subject and non-subject merchandise.

The paper plates subject to this investigation include paper plates matching the above description that have been finished, packaged, or otherwise processed in a third country by performing finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the paper plates. Excluded from the scope of this investigation are paper plates produced directly from liquid fiber that is formed into the desired shape and then cured.

Also excluded from the scope of this investigation are paper bowls, paper buckets, and paper food containers with closeable lids.

Estimated Dumping Margins

The Petitioners allege the following dumping margins exist:

  • China – 142.45% to 168.45%
  • Thailand – 36.97% to 42.89%
  • Vietnam – 255.46% to 278.56%

The Petitioners also allege significant subsidies with respect to China and Vietnam, although the petitions do not quantify the alleged net subsidy margins.

Estimated Schedule of Investigations

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

January 25, 2024 Petitions are filed.
February 14, 2024 DOC initiates investigations.
February 15, 2024 ITC staff conference (estimated).
March 11, 2024 Deadline for ITC preliminary injury determination.
April 19, 2024 Deadline for DOC preliminary CVD determination, if deadline is NOT postponed.
June 24, 2024 Deadline for DOC preliminary CVD determination, if deadline is fully postponed.
July 3, 2024 Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
August 22, 2024 Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
January 6, 2025 Deadline for DOC final AD and CVD determinations, if all deadlines are fully postponed.
February 20, 2025 Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

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