On December 18, 2019, Petitioner Coalition Against Korean Cigarettes filed a petition for the imposition of antidumping duties on imports of 4th Tier Cigarettes from the Republic of Korea.
SCOPE OF THE INVESTIGATION
The physical characteristics of the covered product, which define the scope, are as follows:
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 “l 00’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. 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.
PETITIONER
Xcaliber International
One Tobacco Road
Pryor, OK 74361
(918) 824-0300
Eric Estes, VP and General Counsel
e.estes@xcaliberintemational.com
Cheyenne International
701 S Battleground Ave
Grover, NC 28073
(866) 254-697 5
David A. Scott, Chief Executive Officer
davidscott@cheyenneintl.com
COUNSEL FOR PETITIONERS
Daniel B. Pickard Esq.
Wiley Rein LLP
1776 K Street, NW
Washington, DC 20006
NAMED PRODUCERS/EXPORTERS
For a list of foreign products/exporters alleged by Petitioner, please see Attachment I.
NAMED IMPORTERS
For a list of importers alleged by Petitioner, please see Attachment II.
ESTIMATED SCHEDULE
Event | Earliest Date |
Petition Filed | December 18, 2019 |
DOC Initiation | January 7, 2020 |
ITC Preliminary Investigation: | |
Questionnaires Due | January 1, 2020 |
Request to appear at hearing | January 6, 2020 |
Hearing | January 8, 2020 |
Briefs | January 13, 2020 |
ITC Vote | July 22, 2020 |
DOC Preliminary Antidumping Determination | May 26, 2020 |
DOC Final Antidumping Determination | August 10, 2020 |
ITC Final Determination | September 23, 2020 |
ALLEGED DUMPING MARGIN
Korea: 91.72% – 113.06%
IMPORTS OF SUBJECT MERCHANDISE
2016 | 2017 | 2018 | 2018 Jan-Sept | 2019 Jan-Sept | |
Korea | |||||
Volume (1,000 Cartons) | 12,748 | 11,254 | 12,573 | 9,212 | 14,058 |
Value ($1,000) | 99,812 | 85,029 | 78,827 | 64,777 | 70,155 |
AUV ($/unit) | 7.83 | 7.56 | 6.27 | 7.03 | 4.99 |
All Others | |||||
Volume (1,000 Cartons) | 28,561 | 28,041 | 29,141 | 21,982 | 22,477 |
Value ($1,000) | 117,912 | 130,440 | 139,913 | 104,176 | 108,165 |
AUV ($/unit) | 4.13 | 4.65 | 4.80 | 4.74 | 4.81 |
CONTACT US
For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, or Stephen Brophy.