On October 8, 2024 Genera, Inc., Tellus Products, LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (“USW”) (collectively, the “American Molded Fiber Coalition,” “Coalition,” or “Petitioners), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of thermoformed molded fiber products from the People’s Republic of China (“China”) and the Socialist Republic of Vietnam (“Vietnam”).
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise from China and Vietnam that is within the scope of this Petition:
The merchandise subject to these investigations consist of thermoformed molded fiber products regardless of shape, form, function, fiber source, or finish. Thermoformed molded fiber products are formed with cellulose fibers, thermoformed using one or more heated molds, and cured in the mold.
Thermoformed molded fiber products include, but are not limited to, plates, bowls, clamshells, trays, lids, food or foodservice contact packaging, and consumer or other product packaging.
Thermoformed molded fiber products may be derived from any virgin or recycled cellulose fiber source (including, but not limited to, those sourced from wood, woody crops, agricultural crops/byproducts/residue, and agricultural/industrial/other waste). They may have any weight, shape, dimensionality, design, or size, and may be bleached, unbleached, dyed, colored, or printed. They may include ingredients, additives, or chemistries to enhance functionality including, but not limited to, anti-microbial, antifungal, anti-bacterial, heat/flame resistant, hydrophobic, oleophobic, absorbent, or adsorbent. Thermoformed molded fiber products may also be subject to other processing or treatments, including, but not limited to, hot or after pressing, die-cutting, punching, trimming, padding, perforating, printing, labeling, dying, coloring, coating, laminating, embossing, debossing, repacking, or denesting. Thermoformed molded fiber products subject to these investigations may also have additional design features, including, but not limited to, tab closures, venting, channeling, or stiffening.
Thermoformed molded fiber products remain covered by the scope of these investigations whether the subject product is encased by exterior packaging or whether the subject product forms the outer packaging for non-subject products. They also remain covered by the scope of these investigations whether imported alone, or in any combination of subject and non-subject merchandise (e.g., a lid or cover of any type packaged with a molded fiber bowl, addition of any items to make the thermoformed molded fiber packaging suitable for end-use such as absorbent pads). When thermoformed molded fiber products are imported in combination with nonsubject merchandise, only the thermoformed molded fiber products are subject merchandise.
Thermoformed molded fiber products include thermoformed molded fiber products matching the above description that have been finished, packaged, or otherwise processed in a third country by performing finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the thermoformed molded fiber products. Examples of finishing, packaging, or other processing in a third country that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the thermoformed molded fiber products include, but are not limited to, hot or after pressing, die-cutting, punching, trimming, padding, perforating, printing, labeling, dying, coloring, coating, laminating, embossing, debossing, repacking, or denesting.
Thermoformed molded fiber products are classified under subheadings 4823.70.0020 and 4823.70.0040, HTSUS. Imports may also be classified under subheadings 4823.61.20, 4823.61.40, 4823.69.20, 4823.69.40, HTSUS. References to the HTSUS classification are provided for convenience and customs purposes, and the written description of the merchandise under investigation is dispositive.
PETITIONERS
Genera
167 Tellico Port Rd.
Vonore, TN 37885
Website: https://generainc.com/
Contact: Kelly Tiller
Founder and Chief Strategy Officer
Phone: 865-809-5805
Email: ktiller@generainc.com
Tellus Products, LLC
37021 Gator Blvd, Belle Glade, FL 33430
Website: https://www.tellusproducts.com/
Contact: Asem Mokaddem
President
Phone: 646-808-4220
Email: Asem.Mokaddem@tellusproducts.com
United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International
Union, AFL-CIO (“USW”)
1155 Connecticut Avenue NW, #500
Washington, DC 20001
Website: https://m.usw.org/
Contact: Roy Houseman
Legislative Director
Phone: 202‐288‐2573
Email: rhouseman@usw.org
COUNSEL FOR PETITIONERS
CASSIDY LEVY KENT (USA) LLP
2112 Pennsylvania Ave., Suite 300
Washington, DC 20037
Tel.: 202-567-2300
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioners, please see Attachment I.
NAMED IMPORTERS
For a list of importers alleged by the Petitioner, please see Attachment II.
ESTIMATED SCHEDULE
ALLEGED DUMPING MARGINS
China: 604.40%
Vietnam: 324.28% – 328.52%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
ALLEGED SUBSIDIES
For a list of alleged subsidies the Petitioner, please see Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
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