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Antidumping Duties and Dilemmas: Folders of Foretelling

On November 1, 2022, the Department of Commerce initiated its less-than-fair-value duty investigations on "Paper File Folders from the People's Republic of China, India and the Socialist Republic of Vietnam." This investigation focuses on a wide array of file folders regardless of color, shape, structure or additional functionality. Commerce had a comment period that ended on November 21, but is currently accepting any rebuttal comments until December 1, 2022.

This is an interesting case on anti-dumping principles and serves as an excellent scenario for understanding how antidumping regulations may affect your business.

In summary, antidumping investigations and regulations are instituted to dissuade the import of goods priced drastically lower than any domestic market equivalents. In this case, folders from China, India and Vietnam are currently suspected of being imported with an intended commercial sale value that is substantially lower than the current market for U.S.-produced folders. Commerce has announced an investigation with the goal of implementing duties on these products to balance the supply and demand between these imported products and their locally produced counterparts.

As an importer of folders or similar products from China, India and Vietnam, you may now have to take at least one of three actions:

  1. Examine your folders' composition to determine if your folders fall under the "50 percent or more of the total product weight, exclusive of [hardware, accessories and packaging.]" requirements for the scope of the antidumping notice.

  2. Carefully read through the exclusion list to determine if any of your products fall within the scope of these exceptions. In this instance, exclusions include fashion folders, report covers, and certain types of portfolios.

  3. Submit comments responding to Commerce's notice of investigation regarding your position in the antidumping case.

A fourth and final possible action may be to simply understand that the profits from these folders will quickly be erased by impending antidumping duties, and it may be time to pivot your business.

Are you still confused about antidumping regulations? Are you sure that your business will be affected by antidumping regulations and are unsure how to navigate them? Contact our office today.

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