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PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON PAPER FILE FOLDERS FROM CHINA, INDIA AND VIETNAM

I.  Type of Action: Antidumping Duty (“AD”): China, India and Vietnam; Countervailing Duty (“CVD”): India

II.  Scope of the Investigations:

The products within the scope of these investigations are file folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. The scope includes all such folders, regardless of color, whether or not expanding, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers.

Subject folders, which typically are used to hold letter and legal size documents, have the following dimensions in their folded and closed position: a length and width of at least 8 inches and no greater than 17 inches, regardless of depth.

The scope covers all varieties of folders, including but not limited to manila folders, hanging folders, fastener folders, classification folders, expanding folders, pockets, jackets, and wallets.

Excluded from the scope are:

  • mailing envelopes with a flap bearing one or more adhesive strips that can be used permanently to seal the entire length of a side such that, when sealed, the folder is closed on all four sides;
  • binders, with two or more rings to hold documents in place, made from paperboard or pressboard encased entirely in plastic;
  • non-expanding folders with a depth exceeding 7 inches and that are closed or closeable on the top, bottom, and all four sides (e.g., boxes or cartons);
  • fashion folders, which are defined as folders with all of the following characteristics: (1) plastic lamination covering the entire exterior of the folder, (2) printing, foil stamping, embossing (i.e., raised relief patterns that are recessed on the opposite side), and/or debossing (i.e., recessed relief patterns that are raised on the opposite side), covering the entire exterior surface area of the folder, (3) at least two visible and distinct printed or foil stamped colors other than the color of the base paper, and other than the printing of numbers, letters, words, or logos, each of which separately covers no less than 10 percent of the entire exterior surface area, and (4) patterns, pictures, designs, or artwork covering no less than thirty percent of the exterior surface area of the folder;
  • portfolios, which are folders having (1) a width of at least 16 inches when open flat, (2) no tabs or dividers, and (3) one or more pockets that are suitable for holding letter size documents and that cover at least 15 percent of the surface area of the relevant interior side or sides; and
  • report covers, which are folders having (1) no tabs, dividers, or pockets, and (2) one or more fasteners or clips, each of which is permanently affixed to the center fold, to hold papers securely in place.

III.  HTS classifications:

Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) category 4820.30.0040 and may appear in other HTSUS categories, including 4820.30.0020. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.

IV.  Date of Filing: October 12, 2022

V.  Petitioner: Coalition of Domestic Folder Manufacturers (the “Coalition”, representing (1) Smead Manufacturing Company (“Smead”) and (2) TOPS Products LLC (“TOPS”)

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 (No CVD Margins Listed):

China:            84.51-202.6%

India:              120.5-227.88%

Vietnam:        182.67-236.38%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: November 2, 2022.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is December 21, 2022; CVD is November 1, 2022.

Please contact our office for a complete projected schedule for the AD/CVD investigations.

C.  Volume and Value of Imports:

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

D.  List of Alleged Subsidy Programs:

Please contact our office for a list of alleged subsidy programs.

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

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