Polytex Fibers and ProAmpac File Antidumping and Countervailing Duty Petitions Targeting Laminated Woven Sacks from Vietnam

On March 7, 2018: U.S. producers Polytex Fibers and ProAmpac (“Petitioners”) filed petitions alleging that dumped and subsidized imports of laminated woven sacks (“LWS”) from Vietnam (‘subject imports”) are causing financial damage to the domestic industry.  Dumping occurs when a foreign company sells a product in the United States below its price in the home market. Countervailable subsidization occurs when a foreign government provides a benefit to an industry.

Antidumping and Countervailing Duty Proceedings

Antidumping and Countervailing Duty investigations are conducted by the U.S. International Trade Commission and the U.S. Department of Commerce.  The U.S. International Trade Commission decides whether subject imports have injured the domestic industry.  The U.S. Department of Commerce decides: 1) whether the subject imports are being dumped and 2) whether the subject imports are being subsidized.  The investigations typically occur in the following sequence: 1) U.S. International Trade Commission Preliminary Injury Determination, 2) U.S. Department of Commerce Preliminary Countervailing Duty Determination, 3) U.S. Department of Commerce Preliminary Antidumping Determination, 4) U.S. Department of Commerce Final Countervailing Duty and Antidumping Determination, and 5) U.S. International Trade Commission Final Injury Determination.

The U.S. International Trade Commission will initiate an investigation into whether LWS from Vietnam injures the domestic industry, and will hold its preliminary vote in approximately mid-April. Importers and Vietnamese producers can participate in by responding to the Commission’s questionnaire.  The Commission will hold a staff conference on approximately March 28 and will accept post-conference briefs on approximately April 2.  Any party wishing to defend its interests should give serious consideration to attending the staff conference and submitting post-conference briefs.  A victory in the preliminary phase terminates the investigation.

The U.S. Department of Commerce will evaluate the petition to determine whether it contains allegations and evidence that is reasonably available to the Petitioners indicating that LWS from Vietnam are being dumped (sold at less than fair value) and whether Vietnam is providing subsidies. Commerce will determine whether to initiate its investigation by March 27, 2018.

TLD assists foreign producers and exporters, and U.S. importers (those who are ultimately liable for paying the increased import duties) to defend their interests in antidumping and countervailing duty proceedings.

Please contact Frank Morgan if you would like additional information concerning the next steps your company should be taking.

By Email – fmorgan@tradelawdefense.com
By Phone – +1 703-493-0188

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