ANTIDUMPING DUTY CASH DEPOSITS TO BE COLLECTED ON IMPORTS OF PAPER FILE FOLDERS FROM CHINA, INDIA, AND VIETNAM

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May 11, 2023, 15:10 ET

WASHINGTON, May 11, 2023 /PRNewswire/ -- The Coalition of Domestic Folder Manufacturers (the "Coalition") is pleased with the preliminary determination by the United States Department of Commerce ("Commerce") that imports of paper file folders into the United States from China, India, and Vietnam are being sold at less than fair value (commonly termed "dumping"). Commerce's investigations concerning these three countries cover paper file folders, including manila, hanging fastener, classification, and expanding folders, as well as filing pockets, filing jackets, and filing wallets.

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 imports from India and Vietnam also are being sold below normal value. Paper file folders from India are being dumped at rates ranging from 15.07 percent to 86.01 percent, and imports from Vietnam are being dumped at a rate of 324.70 percent. This means that U.S. importers of paper file folders from these countries will now have to begin paying 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 Vietnam, importers will now have to pay $324.70 to U.S. Customs as cash deposits for future dumping duty liability.

Commerce is also investigating whether imports of paper file folders from India are being subsidized by the government. On March 20, 2023, Commerce published an affirmative preliminary determination in that parallel investigation, finding that imports of paper file folders from India are subsidized at rates ranging from 3.65 percent to 59.26 percent of the import value. Commerce's final determinations in both the subsidies and antidumping investigations are expected later this year.

The Coalition is represented in these actions by the law firm King & Spalding LLP. Mike Taylor, attorney for the Coalition, explained that "All the Coalition wants is for the international trading rules to be enforced so that U.S. manufacturers can compete on a level playing field." Mr. Taylor continued: "The new requirement for the payment of antidumping duty cash deposits at the time of importation will help ensure that U.S. jobs are not lost because of unfair competition."

The Coalition intends actively to continue monitoring 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 new 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.

About King & Spalding

Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 1,300 lawyers in 23 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.

SOURCE K&S