Recently, the US Department of Commerce (DOC) announced the final conclusion in the case of anti-circumvention investigation of certain hardwood plywood products from Vietnam, suspected of evading anti-dumping and anti-subsidy duties imposed by the United States against China. This conclusion comes after the investigation was extended for the seventh time.
The Commerce Department’s findings included the following:
- All five scenarios examined by Commerce were found to be circumventing and subject to the AD/CVD duties.
- A total of 37 companies were found to have failed to cooperate or failed to respond. The Commerce Department ordered U.S. Customs and Border Protection to collect cash deposits from these 37 companies at the China-wide rates of 183% for AD and 23% for CVD.
- Other companies wishing to certify that they did not circumvent can provide a certification by August 14. Commerce did not change the certification language or requirements from the Preliminary Determination.
- Commerce will allow ineligible exporters an opportunity to apply for eligibility during annual administrative reviews, but the companies will have to demonstrate that they did not import circumventing product.
In its ruling, the U.S. Department of Commerce “determines that imports of certain hardwood plywood products (hardwood plywood), completed in the Socialist Republic of Vietnam (Vietnam) using plywood inputs and components (face veneer, back veneer, and/or either an assembled core or individual core veneers) manufactured in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on hardwood plywood from China.”
Hardwood plywood assembled in Vietnam under scenarios other than the five production scenarios identified above are not subject to these inquiries, the Commerce Department ruled. Therefore, cash deposits are not required for such merchandise, subject to the certification requirements.