Polypropylene Corrugated Boxes: New AD/CVD Investigations Deadlines & Scope

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized polyprolene corrugated boxes are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due May 2, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in June for CVD and August for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.

AD/CVD Respondent Selection

For its AD investigation on China, Commerce said it will pick respondents by issuing quantity and value questionnaires to the largest producers and/or exporters that are identified in CBP POI entry data and have complete address information on the record. For its CVD investigation into China, Commerce said it "intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation." If it determines it cannot, it said it will select respondents by issuing quantity and value questionnaires to the largest producers and/or exporters that are identified in CBP POI entry data and have complete address information on the record.

For its AD investigation on Vietnam, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives.

Exporters that don't get a quantity and value questionnaire can submit one using the forms available on Commerce's website. Responses are due by April 21.

Comments are due April 28 at 5 p.m. EDT.

Companies subject to the AD investigations on China and Vietnam also will have to submit a separate rate application to avoid getting the high China- or Vietnam-wide rate. Separate rate applications will be due 21 days from the publication date of Commerce's AD initiation notice.

Scope of the AD/CVD Investigations

"The merchandise covered by this investigation is polypropylene corrugated boxes. Polypropylene corrugated boxes are boxes, bins, totes, or other load-bearing containers made for holding goods, that are made of corrugated polypropylene sheets, also known as polypropylene hollow core sheets, polypropylene fluted sheets, polypropylene twin wall sheets, or multi wall sheets. Such polypropylene sheets are 'corrugated,' 'fluted,' or 'hollow core,' meaning the inside of the sheet contains channels or pockets of air which make the sheets lightweight, while retaining strength and durability. Polypropylene corrugated boxes are typically produced from a plastic resin consisting of 50 percent or more polypropylene. Polypropylene corrugated boxes are covered by the scope irrespective of the particular mix of polypropylene homo-polymer, polypropylene co-polymer, recycled or virgin polypropylene, or ancillary chemicals such as electrostatic agents or flame retardants. Polypropylene corrugated boxes are formed by corrugated polypropylene sheets cut to length, die-cut into specific box shapes, and may be cut or scored to allow each side of the box to be folded into shape. Polypropylene corrugated boxes may include a tab or attached portion of polypropylene corrugated sheet (commonly referred to as a 'manufacturer’s joint' that has been cut, slotted, or scored to facilitate the formation of the box by stapling, gluing, welding, or taping the sides together to form a tight seal. One-piece polypropylene corrugated boxes are die-cut or otherwise formed so that the top, bottom, and sides form a single, contiguous unit. Two-piece polypropylene corrugated boxes are those with a folded bottom and a folded top as separate pieces. Multi-piece polypropylene corrugated boxes are those with separate bottoms and tops that are fitted to a single folded piece comprising the sides of the box. Polypropylene corrugated boxes may be printed with ink or digital designs.

"The subject merchandise includes polypropylene corrugated boxes with or without handles, with or without lids or tops, with or without reinforcing wire, whether in a one-piece, two-piece, or multi-piece configuration, and whether folded into shape or in an unfolded form. The subject merchandise includes all polypropylene corrugated boxes regardless of size, shape, or dimension. The subject merchandise also includes polypropylene corrugated box lids or tops when imported separately from polypropylene corrugated boxes.

"The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under statistical reporting number 3923.10.9000. Although the HTSUS statistical reporting number is provided for convenience and customs purposes, the written description of the merchandise is dispositive."

Comments on the scope of these investigations are due by 5 p.m. EDT on April 28.

Investigations Timetable

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2503190012 for a summary of the petition requesting these investigations.