Background

A petition filed Oct. 8 alleges that thermoformed molded fiber products from China and Vietnam are being sold at less than fair value in the U.S. and benefiting from countervailable subsidies. The alleged average dumping margins are 604.4 percent for China and 328.52 percent for Vietnam.

Thermoformed molded fiber products are formed with cellulose fibers, thermoformed using one or more heated molds, and cured in the mold. They include plates, bowls, clamshells, trays, lids, food or foodservice contact packaging, and consumer or other product packaging.

Subject goods may be derived from any virgin or recycled cellulose fiber source, including those sourced from wood, woody crops, agricultural crops/byproducts/residue, and agricultural/industrial/other waste. They may have any weight, shape, dimensionality, design, or size and may be bleached, unbleached, dyed, colored, or printed. They may include ingredients, additives, or chemistries to enhance functionality, including anti-microbial, antifungal, anti-bacterial, heat/flame resistant, hydrophobic, oleophobic, absorbent, or adsorbent.

Thermoformed molded fiber products are classified under HTSUS 4823.70.0020 and 4823.70.0040 and may also be classified under HTSUS 4823.61.20, 4823.61.40, 4823.69.20, and 4823.69.40, HTSUS.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and CV duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information, please contact attorney Kristen Smith at (202) 730-4965.

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