GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
Close this search box.

Petition for the Imposition of Antidumping Duty on 4th Tier Cigarettes from the Republic of Korea

Case Summary

I.  Type of Action: Antidumping Duty (“AD”): Korea

II.  Product:

The merchandise covered by this investigation is certain tobacco cigarettes, commonly referred to as “4th tier cigarettes.” The subject cigarettes are composed of tobacco rolled in paper, have a nominal minimum total length of 7.0 cm but do not exceed 12.0 cm in total nominal length, and have a nominal diameter of less than 1.3 cm. These sizes of cigarettes are frequently referred to as “Kings” and “100’s,” but subject merchandise that meets the physical description of the scope is included regardless of the marketing description of the size of the cigarettes. Subject merchandise typically has a tobacco blend that consists of 10% to 40% tobacco stems.

Subject merchandise is typically sold in packs of 20 cigarettes per pack which generally includes the marking “20 Class A Cigarettes” but are included regardless of packaging. 4th Tier cigarette packages typically sold in boxes without a rounded internal comer and without embossed aluminum foil inside the pack.

Both menthol and non-menthol cigarettes and cigarettes with or without a filter attached are covered by the scope of this investigation.

Excluded from the scope of this investigation are cigarettes that legally bear the valid and enforceable brand and/or trademark of a company who is a participating member of the Master Settlement Agreement (“MSA”) of November 1998.

III.  HTS classifications:

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under subheading 2402.20.8000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of the investigation is dispositive.

IV.  Petitioners: Coalition Against Korean Cigarettes

V.  Date of Filing: December 18, 2019

VI.  Foreign Producers/Exporters

Please contact our office for a list filed with the petition.

VII.  US Importers named.

Please contact our office for a list filed with the petition.

VIII.  Alleged Dumping Margins:

Korea: 91.72% to 113.06% with an average margin of 103.02% for KT&G

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: January 8, 2020.

Please contact our office for a complete projected schedule for the AD investigation.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is February 26, 2020.

C.  Volume and Value of Imports:

Please contact our office for a summary of the data filed with the petition.

If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.

Type of Action
HTS Classifications
Date of Filing
Foreign Producers and Exporters
US Named Importers
Alleged Dumping Margins
Additional Notes