The U.S. International Trade Commission voted unanimously that imports into the United States of paper file folders from China, India, and Vietnam are injuring domestic file folder manufacturers. This vote follows on the determinations published earlier in October by the U.S. Department of Commerce that imports of paper file folders from China, India, and Vietnam are being sold at less than fair value (commonly termed “dumping”) and that imports from India are receiving countervailable subsidies. The paper file folders at issue include manila, hanging fastener, classification, and expanding folders, as well as filing pockets, filing jackets, and filing wallets. The Coalition of Domestic Folder Manufacturers (the “Coalition”) is pleased with the final determinations by the Commission and Commerce Department.
As a result of the affirmative findings by the Commission and the Commerce Department of injurious unfair trading practices, the Commerce Department is scheduled to publish antidumping and countervailing duty orders during the third week of November. Commerce found that imports of paper file folders from China are being sold below normal value, determining that dumping is occurring at a rate of 192.70 percent. In addition, Commerce determined that paper file folders from India are being dumped and subsidized at rates (i.e., anti-dumping margins plus CVD rates) ranging from 17.22 percent to 173.21 percent, and imports from Vietnam are being dumped at rates ranging from 97.52 percent to 233.93 percent. This means that U.S. importers of paper file folders from these countries will have to pay cash deposits to U.S. Customs and Border Protection (“Customs”) at these rates, based on the value of their future imports. For example, for every $100 of paper file folders imported from China, importers will now have to pay $192.70 to U.S. Customs as cash deposits for future dumping duty liability. The Coalition is represented in these actions by the law firm King & Spalding LLP. Mike Taylor, attorney for the Coalition, explained that “We are very pleased with today’s vote, which is critical to the long-term future of domestic producers of paper file folders.” Mr. Taylor also mentioned that “anyone looking to attack this market with unfair trade should be on notice that the domestic producers will defend themselves and their workers.”
The Coalition intends to continue diligently to monitor imports for unfairly traded paper file folders from other countries, and the Coalition also plans actively to coordinate with U.S. Customs to ensure that importers fully comply with their obligations. The importation of subject paper file folders without the payment of countervailing and antidumping duties may result in severe civil or criminal penalties, including imprisonment.
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