Paper Plates: Commerce Issues Final CVD Determinations for China, Vietnam
The Commerce Department issued its final determinations in its countervailing duty investigations on paper plates from China (C-570-165) and Vietnam (C-552-840). Suspension of liquidation is currently not in effect for entries on or after Oct. 29, 2024, and Commerce will require cash deposits of estimated CVD on future entries only if it issues a CVD order.
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Before Commerce issues a CVD order, the International Trade Commission must find injury to U.S. industry in its final injury determinations, currently due March 7, Commerce said in a fact sheet. In the event of an ITC final determination of no injury for any given country, that country's investigation will be terminated with no duties imposed, and all cash deposits collected as a result of the investigation will be refunded.
Commerce also issued final determinations in its concurrent AD investigations on paper plates from China and Vietnam, setting AD rates ranging from 267.63% to 515.4% for Chinese exporters and 30.42% to 165.27% for Vietnamese exporters (see 2501270053), as well as a final affirmative AD determination on paper plates from Thailand.
Cash Deposits Retroactive 90 Days for Most Chinese, Vietnamese Companies
Commerce continued to find that all exporters of paper plates from China except Jinhua P&P, as well as all exporters from Vietnam except Go-Pak Paper Products, 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 CVD cash deposits for subject merchandise from these companies 90 days before the preliminary determination, i.e., April 2, 2024.
For Jinhua P&P and Go-Pak Paper Products, suspension of liquidation and CV duty cash deposit requirements remain in effect as of July 1.
CV Susp/Cash Deposit Through Oct. 28
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Chinese and Vietnamese companies entered April 2, 2024, through Oct. 28, 2024.
CVD Liq Reinstated and No CVD Cash Deposit as of Oct. 29
Commerce previously instructed CBP to discontinue the suspension of liquidation for CVD purposes and the collection of CVD cash deposits for subject merchandise from China and Vietnam on or after Oct. 29, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CVD order in place.
Suspension of liquidation currently remains in effect for AD purposes for China and Vietnam.
CV Liq to Be Suspended Again and CVD Cash Deposit Required If Order Issued
Commerce will issue a CVD order, reinstate the CVD suspension of liquidation for all Chinese and Vietnamese exporters, and require a cash deposit of estimated CVD for entries of subject merchandise at the revised CVD rates listed below if the ITC issues a final affirmative injury determination.
China
| Company | CV Rate | Sus Liq |
|---|---|---|
| Fuzhou Hengli Paper Co., Ltd. | 11.38% | 04/02/24 |
| Jinhua P&P Product Co., Ltd. | 4.47% | 07/01/24 |
| Ningbo Artcool Co., Ltd. | 295.08% | 04/02/24 |
| Ningbo Fenghua Yongfa Printing Stationery Co., Ltd. | 295.08% | 04/02/24 |
| Zhejiang Kingsun Eco-Pack Co., Ltd. | 295.08% | 04/02/24 |
| Zhejiang Lingrong Crafts Co., Ltd. | 295.08% | 04/02/24 |
| All Others | 10.61% | 04/02/24 |
Vietnam
| Company | CV Rate | Sus Liq |
|---|---|---|
| Go-Pak Paper Products Vietnam Co., Ltd. | 5.53% | 07/01/24 |
| Innovative Sonic Vietnam International | 225.9% | 04/02/24 |
| Ningbo Changya Plastic Vietnam Company | 225.9% | 04/02/24 |
| Ningbo Changya Plastic Vietnam | 225.9% | 04/02/24 |
| SCG Vietnam | 225.9% | 04/02/24 |
| Xie Li Vietnam International Company Limited | 225.9% | 04/02/24 |
| All Others | 5.53% | 04/02/24 |
(Note that there is no CVD liability, and no CVD will be assessed, on entries during the “gap period” of Oct. 29 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope of the order (unchanged), detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 2407020004 for a summary of the preliminary determination of this investigation.)