Paper Plates: Commerce Issues Final AD Determinations for China, Thailand and Vietnam

The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for March 7, according to an ITC fact sheet. If the ITC finds injury, Commerce will issue AD orders and duties will be made permanent. If the ITC finds no injury, the investigations will be terminated and all cash deposits will be refunded.

In a change from its preliminary determinations, Commerce found Chinese exporter Fuzhou Hengli didn't cooperate with the review, increasing the company's AD rate from zero to 515.4%. As a result of the change from the zero rate, Commerce will newly suspend liquidation for entries exported by Fuzhou Hengli, and require AD cash deposits at that rate. Because Fuzhou Hengli is also now subject to Commerce's critical circumstances finding, suspension of liquidation and cash deposit requirements are retroactive to Oct. 30, which is 90 days prior to these final determinations.

Likewise, in its final determination on Vietnam, Commerce increased Go-Pak's AD rate from zero to 30.42%. As a result, Commerce will newly suspend liquidation for entries exported by Go-Pak as of Jan. 28 (Commerce continued not to find critical circumstances for the company), and require AD cash deposits at 30.42% for entries on or after that date.

On the other hand, retroactive suspension of liquidation will end for Jinhua P&P, after Commerce reversed its preliminary critical circumstances finding for the company. Commerce will end suspension of liquidation of entries from Jinhua P&P prior to Sept. 5, and refund any AD cash deposits collected before that date. Entries Sept. 5 and after are still subject to suspension of liquidation and AD cash deposit requirements.

Commerce also issued affirmative final determinations in its concurrent CVD investigations on paper plates from China and Vietnam, setting CVD rates ranging from 4.47% to 295.08% for Chinese exporters and 5.53% to 225.9% for Vietnamese exporters (see 2501270049). CVD cash deposit requirements are on hold as of Oct. 29 pending the ITC's final injury determination.

​Critical Circumstances for Some Companies; Cash Deposits Retroactive 90 Days

Commerce continued to find that some exporters from China, Thailand and Vietnam increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively suspend liquidation and require AD cash deposits for subject merchandise from these companies to 90 days before the preliminary determination, i.e., June 7, 2024 (or from this final determination in the case of Fuzhou Hengli, i.e., Oct. 30, 2024). Suspension of liquidation for Chinese and Vietnamese companies may already be in place even earlier for CVD purposes.

The partial critical circumstances finding for Thailand applies to ABC Digital Technology, Beeconcious, Dester, Pimlapas Printing, Sincerely Cargo, Thai Coconut and Thai Union Manufacturing; for Vietnam, it applies to all Vietnamese exporters except Go-Pak Paper Products; and for China, in a change from its preliminary finding, it applies to all Chinese exporters except Fuzhou Hengli Paper.

Otherwise, AD suspension of liquidation and cash deposit requirements take effect Sept. 5 for companies from China, Thailand and Vietnam not covered by the critical circumstances findings, except for Go-Pak, for which they take effect Jan. 28

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD duty purposes and collect cash deposits for subject merchandise entered on or after the dates listed below, and set cash deposit rates as follows, beginning Jan. 28:

China

*As adjusted for export subsidies found in Commerce's preliminary CVD determination. This rate is the cash deposit rate while CVD suspension of liquidation remains in effect. If CVD suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate).

Thailand

Vietnam

(The period of investigation is 01/01/23 - 12/31/23 for Thailand, and 07/01/23 - 12/31/23 for China and Vietnam. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, detailed cash deposit instructions, etc. See 2409050027 for a summary of the preliminary determinations of these investigation.)