WASHINGTON, July 18,
2024 /PRNewswire/ -- The Coalition for Fair Trade in
Shopping Bags (the "Coalition") applauds the publication today by
the United States Department of Commerce ("Commerce") of
antidumping duty orders on imports of paper shopping bags into
the United States from
Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, as well as countervailing duty orders
on imports of paper shopping bags from China and India (see
https://www.federalregister.gov/documents/2024/07/18/2024-15746/certain-paper-shopping-bags-from-cambodia-colombia-india-malaysia-portugal-taiwan-the-peoples
and
https://www.federalregister.gov/documents/2024/07/18/2024-15747/certain-paper-shopping-bags-from-the-peoples-republic-of-china-and-india-countervailing-duty-orders).
These orders impose combined dumping margins and subsidy rates of
up to 308.13 percent. As a result, American producers of
paper shopping bags can now compete on a level playing field with
imported paper shopping bags and help ensure the presence of
American manufacturing jobs.
The new antidumping and countervailing duty orders follow the
May 17, 2024 determination by
Commerce that imports of paper shopping bags were being traded
unfairly and the June 21, 2024
determination by the United States International Trade Commission
("ITC") that a U.S. industry was materially injured by reason of
these imports. The orders also supplement the antidumping
duty order on imports of paper shopping bags from Turkey, which was published on May 9, 2024. All producers in all nine countries
were found to have engaged in injurious dumping or subsidy
practices that violate international agreements on fair pricing, as
implemented under U.S. law.
The antidumping and countervailing duty orders cover paper
shopping bags with handles of any type, whether printed or
unprinted. Paper shopping bags, which often are used to carry items
purchased from a retail establishment or restaurant, typically are
made of kraft paper but can be made from any type of paper
material.
Senator Sherrod Brown of
Ohio made the following statement
after the ITC's June 21 vote:
"American workers and American companies can compete with anyone in
the world on a level playing field and this ruling is a step in
that direction." Senator Brown asked that the U.S. government
rule on behalf of his constituents who produce shopping bags and
has worked to advance legislation to strengthen American trade
enforcement.
Publication of the new orders means that U.S. importers of paper
shopping bags from the nine investigated countries will have to pay
cash deposits to U.S. Customs and Border Protection ("Customs")
based on the value of their future imports. For example, where a
particular supplier has a combined dumping and subsidy rate of 60%,
for every $100 of paper shopping bags
imported from that supplier, importers will now have to begin
paying $60 to U.S. Customs as cash
deposits for future duty liability. An importer's final liabilities
– which could be higher or lower than the cash deposits paid at the
time of importation – will not be known for some time, since the
cash deposits are estimates. This means that the final duty
assessments can be amended during Commerce's annual administrative
reviews, and where the cash deposit rates are understated,
importer's will receive an invoice for additional duties on past
imports.
A summary of the country- and company-specific rates is
available on Commerce's website,
https://www.trade.gov/final-determinations-ad-investigations-paper-shopping-bags-8-trading-partners.
The Coalition is represented in these actions by the law firm
King & Spalding LLP. "The Coalition thanks officials at
Commerce and the ITC for their hard work throughout this
investigation in evaluating the extent of unfair trade and its
negative impact on domestic manufacturers and their workers," said
Mike Taylor, a partner in the law
firm of King & Spalding. "The imposition of these antidumping
and countervailing duty orders will go a long way to restoring fair
competition to the U.S. market so that manufacturing plants and
jobs can remain in the United
States."
The Coalition intends actively to continue monitoring imports
for unfairly traded paper shopping bags from other countries, and
the Coalition also plans actively to coordinate with Customs to
ensure that importers fully comply with their obligations. The
importation of paper shopping bags from these nine countries
without the payment of antidumping and countervailing cash deposits
and duties may result in severe civil or criminal penalties.
About King & Spalding
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 24
offices in the United States,
Europe, the Middle East and Asia. The firm has handled matters in over 160
countries on six continents and consistently earns recognition 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.
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SOURCE King & Spalding