On October 21, 2024, the Coalition of Domestic Folder Manufacturers which is comprised of Smead Manufacturing Company (“Smead”) and (2) TOPS Products LLC (“TOPS”) (collectively the “Coalition” or “Petitioner”), filed a petition for the imposition of antidumping duties on U.S. imports of paper file folders from Cambodia and Sri Lanka and the imposition of countervailing duties on Cambodia.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise from Cambodia and Sri Lanka that is within the scope of this Petition:
The products within the scope of these orders 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, whether or not laminated, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers. The term “primarily” as used in the first sentence of this scope means 50 percent or more of the total product weight, exclusive of the weight of fasteners, closures, hooks, rods, hangers, removable tabs, and similar accessories, and exclusive of the weight of packaging.
Subject folders have the following dimensions in their folded and closed position: lengths and widths 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;
- binders consisting of a front cover, back cover, and spine, with or without a flap; to be excluded, a mechanism with two or more metal rings must be included on or adjacent to the interior spine;
- non-expanding folders with a depth exceeding 2.5 inches and that are closed or closeable on the top, bottom, and all four sides (e.g., boxes or cartons);
- expanding folders that have: (1) 13 or more pockets; (2) a flap covering the top; (3) a latching mechanism made of plastic and/or metal to close the flap; and (4) an affixed plastic or metal carry handle;
- folders that have an outer surface (other than the gusset, handles, and/or closing mechanisms, if any) that is covered entirely with fabric, leather, and/or faux leather;
- 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 printed or foil stamped colors (other than the color of the base paper), 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.
Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) category 4820.30.0040. Subject imports may also enter under other HTSUS classifications. While the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.
PETITIONERS
Coalition of Domestic Folder Manufacturers
Smead Manufacturing Company, Inc.
600 Smead Blvd
Hastings, MN 55033
Contact: Casey Avent
Casey.avent@smead.com
(651) 438-2034
TOPS Products LLC
184 Shuman Blvd. Ste. #130
Naperville, IL 60563
Contact: David Garber
David.a.garber@tops-products.com
(630) 821-3145
COUNSEL FOR PETITIONERS
KING & SPAULDING LLP
1700 Pennsylvania Ave., NW
Washington, DC 20006
Tel.: 202-737-0500
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
Event | Earliest Date |
Petition Filed | October 21, 2024 |
DOC Initiation | November 10, 2024 |
ITC Preliminary Investigation: | |
Questionnaires Due | November 4, 2024 |
Request to appear at hearing | November 9, 2024 |
Hearing | November 11, 2024 |
Briefs | November 16, 2024 |
ITC Vote | December 5, 2024 |
DOC Investigation Schedule: | |
DOC Preliminary Antidumping Determination | March 30, 2025 |
DOC Final Antidumping Determination | June 13, 2025 |
DOC Preliminary Countervailing Determination | January 14, 2025 |
DOC Final Countervailing Determination | March 30, 2025 |
ITC Final Investigation: | |
ITC Final AD Determination | July 28, 2025 |
ITC Final CVD Determination | May 14, 2025 |
ALLEGED DUMPING MARGINS
Cambodia: 93.15% – 239.64%
Sri Lanka: 19.22% – 108.61%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis. Note that a number of transnational subsidies provided to Cambodian producers by the Government of China have been alleged under a controversial new provision in the U.S. Department of Commerce’s CVD regulations.
ALLEGED SUBSIDIES
For a list of alleged subsidies the Petitioner, please see Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
2021 | 2022 | 2023 | 2023 Jan-June | 2024 Jan-June | |
Cambodia | |||||
Quantity (pounds) | 41,314 | 40,020 | 11,690,566 | 97,746 | 19,772,071 |
Value US $) | 75,734 | 138,310 | 12,180,201 | 160,289 | 20,159,875 |
AUV ($/pound) | 1.83 | 3.46 | 1.04 | 1.64 | 1.02 |
Sri Lanka | |||||
Quantity (pounds) | 769,994 | 1,067,587 | |||
Value US $) | 699,381 | 1,106,237 | |||
AUV ($/pound) | 0.91 | 1.04 |
CONTACT US For more information concerning this petition and how it may affect your business, please contact Nithya Nagarajan, Dan Wilson, Jeffrey Neeley, or Stephen Brophy.