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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

EventEarliest Date
Petition FiledOctober 8, 2024
DOC InitiationOctober 28, 2024
ITC Preliminary Investigation:
Questionnaires DueOctober 22, 2024
Request to appear at hearing                                     October 27, 2024
HearingOctober 29, 2024
BriefsNovember 3, 2024
ITC VoteNovember 22, 2024
  
DOC Investigation Schedule: 
DOC Preliminary Antidumping DeterminationMarch 17, 2025
DOC Final Antidumping DeterminationMay 31, 2025
DOC Preliminary Countervailing DeterminationJanuary 1, 2025
DOC Final Countervailing DeterminationMarch 17, 2025
  
ITC Final Investigation: 
ITC Final AD Determination                 July 15, 2025
ITC Final CVD Determination              May 1, 2025

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

 2021202220232023 Jan-June2024 Jan-June
China     
Quantity (short tons)117,936192,167174,97379,967118,187
Value (Landed Duty Paid Value $)374,952,625622,714,148493,969,442232,069,234310,010,692
AUV ($/ST)3,1793,2402,8232,9022,623
Vietnam     
Quantity (short tons)5,8599,17316,0164,96714,454
Value (Landed Duty Paid Value $)17,454,19028,670,07838,537,48312,363,49434,549,564
AUV ($/ST)2,9793,1252,4062,4892,390

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.