Notice2025-18890
Thermoformed Molded Fiber Products From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that thermoformed molded fiber products (molded fiber products) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2024, through September 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Notices]
[Pages 46791-46794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18890]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-845]
Thermoformed Molded Fiber Products From the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
thermoformed molded fiber products (molded fiber products) from the
Socialist Republic of Vietnam (Vietnam) are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2024, through September 30, 2024.
DATES: Applicable September 30, 2025.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2025, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
molded fiber products from Vietnam, in which we also postponed the
final determination until September 24, 2025, and invited interested
parties to comment on the Preliminary Determination.\1\ On August 20
and September 12, 2025, Commerce issued its post-preliminary analysis
memoranda in which we made certain changes to our differential pricing
analysis and notified interested parties of our double remedies
analysis.\2\ We
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invited interested parties to comment on changes to the differential
pricing analysis and our double remedies analysis.\3\
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\1\ See Thermoformed Molded Fiber Products From the Socialist
Republic of Vietnam: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, Postponement of Final Determination and
Extension of Provisional Measure, 90 FR 20153 (May 12, 2025)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM); see also Thermoformed Molded Fiber Products From
the Socialist Republic of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination and Extension of Provisional Measures;
Correction, 90 FR 24571 (June 11, 2025); and Memorandum, ``Briefing
Schedule,'' dated August 14, 2025.
\2\ See Memoranda, ``Post-Preliminary Analysis for the
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Thermoformed Molded Fiber Products from the Socialist Republic of
Vietnam,'' dated August 20, 2025; and ``Post-Preliminary Analysis of
Double Remedies for the Affirmative Determination in the Less-than-
Fair-Value Investigation of Thermoformed Molded Fiber Products from
the Socialist Republic of Vietnam,'' dated September 12, 2025.
\3\ See ``Memoranda, ``Briefing Schedule for Differential
Pricing Post-Preliminary Determination and Revised FOP Database,''
dated August 25, 2025; and ``Briefing Schedule for Double Remedies
Post-Preliminary Determination,'' dated September 15, 2025.
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A summary of the events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the Issues and
Decision Memorandum.\4\ A list of topics included in the Issues and
Decision Memorandum included as Appendix II to this notice. The Issues
and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less-than-Fair-Value of
Thermoformed Molded Fiber Products from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are molded fiber
products from Vietnam. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\5\ We received
comments from multiple interested parties on the scope of the
investigation as it appeared in the Preliminary Determination. For a
summary of the product coverage comments submitted to the record for
this final determination, and accompanying discussion and analysis of
all comments timely received, see the Final Scope Decision
Memorandum.\6\ After analyzing these comments, we made no changes to
the scope of the investigation as it appeared in the Preliminary
Determination for this final determination. See Appendix I.
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\5\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated May 6, 2025.
\6\ See Memorandum, ``Less-Than-Fair-Value and Countervailing
Duty Investigations of Thermoformed Molded Fiber Products from the
People's Republic of China and the Socialist Republic of Vietnam:
Final Scope Decision Memorandum,'' dated concurrently, and hereby
adopted by, this notice (Final Scope Decision Memorandum).
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Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, we conducted on-site verification of the sales and cost
information submitted by Vietnam Yuzhan Packaging Technology Company
Limited (Yuzhan), for use in our final determination.\7\ We used
standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by
Yuzhan.
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\7\ See Memorandum, ``Verification of the Sales and Factors of
Production Responses of Vietnam Yuzhan Packaging Technology Company
Ltd. in the Antidumping Duty Investigation of Thermoformed Molded
Fiber Products from the Socialist Republic of Vietnam,'' dated
August 14, 2025.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are discussed in the Issues and Decision Memorandum.
For a list of the issues raised by interested parties and addressed in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
We made certain changes to the margin calculations for Yuzhan since
the Preliminary Determination. For a discussion of these changes, see
the Issues and Decision Memorandum.
Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned an
estimated weighted-average dumping margin on the basis of AFA, pursuant
to sections 776(a) and (b) of the Act, to the Vietnam-wide entity
(including, but not limited to, six companies which did not provide
responses to Commerce's quantity and value questionnaire or rebut the
presumption of government control).\8\ No party commented on our
findings with respect to the Vietnam-wide entity and use of the highest
corroborated dumping margin alleged in the petition as the appropriate
rate assigned to the Vietnam-wide entity. Therefore, Commerce continues
to find, pursuant to sections 776(a) and (b) of the Act, that the use
of facts otherwise available, with adverse inferences, is warranted in
determining the dumping rate for the Vietnam-wide entity. Accordingly,
we continue to assign the Petition rate (i.e., 260.56 percent), as
adjusted for export subsidies applied as AFA to the Vietnam-wide entity
in the companion countervailing duty (CVD) investigation (i.e., 48.29
percent),\9\ in assigning a cash deposit rate of 212.67 percent, as
AFA, to the Vietnam-wide entity in this final determination.
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\8\ See Preliminary Determination, 90 FR at 20154 and fn. 11.
\9\ See unpublished Federal Register notice, ``Thermoformed
Molded Fiber Products from the People's Republic of China: Final
Affirmative Countervailing Duty Determination,'' dated concurrently
with this notice; see also Memorandum, ``Calculation of
Countervailing Duty Subsidy Offset for the Vietnam-Wide Entity for
the Final Determination,'' dated concurrently with, and hereby
adopted by, this notice.
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Separate Rates
No parties commented on Commerce's preliminary separate rate
determination. Therefore, we have not made any changes regarding our
determination of companies eligible to receive a separate rate.
Accordingly, we continue to find that Yuzhan and certain non-
individually examined companies that are listed in the ``Final
Determination'' rate table, below, are eligible for a separate.
Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\10\ Commerce calculated combination rates for the companies
eligible for a separate rate.
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\10\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Estimated Cash deposit
weighted- rate (adjusted
Producer Exporter average for subsidy
dumping margin offsets)
(percent) (percent)
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Vietnam Yuzhan Packaging Technology Company Vietnam Yuzhan Packaging 4.58 1.38
Limited. Technology Company Limited.
Ningbo Changya Plastic (Vietnam) Co., Ltd..... Ningbo Changya Plastic (Vietnam) 4.58 1.38
Co., Ltd.
Ningbo Changya Plastic (Vietnam) Co., Ltd..... Changya Newmaterial Technology 4.58 1.38
Co., Ltd.
Vietnam-Wide Entity........................... ................................ * 260.56 212.27
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\*\ This rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days after public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise entries, as described in
Appendix I of this notice, which are entered, or withdrawn from
warehouse, for consumption on or after May 12, 2025, the date of
publication of the Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the amount by which the normal value exceeds the U.S. price as
follows: (1) the cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified in
the table; (2) for all combination of Vietnamese exporters/producers of
subject merchandise that have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate established
for the Vietnam-wide entity; and (3) for all non-Vietnamese exporters
of subject merchandise which have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate applicable
to the Vietnamese exporter/producer combination that supplied that non-
Vietnamese exporter. These suspension of liquidation instructions will
remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion CVD investigation, when CVD
provisional measures are in effect. Accordingly, where Commerce made an
affirmative determination for countervailable export subsidies,
Commerce would offset the estimated weighted-average dumping margins by
the appropriate export subsidy rate. Any such adjusted cash deposit
rates may be found in the ``Final Determination'' section above.
However, the suspension of liquidation of provisional measures in the
companion CVD investigation has been discontinued.\11\ Therefore, we
are not instructing CBP to collect cash deposits based upon the
adjusted estimated weighted-average dumping margins for export
subsidies at this time. If the U.S. International Trade Commission
(ITC) makes a final affirmative determination of injury due to both
dumping and subsidies, then the cash deposit rate will be revised
effective on the date of publication of the ITC's final affirmative
determination in the Federal Register to be the company-specific
estimated weighted-average dumping margin adjusted for export
subsidies.
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\11\ See Thermoformed Molded Fiber Products From the Socialist
Republic of Vietnam: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical Circumstances
Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination, 90 FR 12126 (March 14, 2025); see
also section 703(d) of the Act, which states that the provisional
measures may not be in effect for more than four months, which in
the companion CVD case is 120 days after the publication of the
preliminary determination, or July 11, 2025 (i.e., last day
provisional measures are in effect).
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ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because Commerce's final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of molded fiber products no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded or canceled, and suspension of
liquidation will be lifted. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instructions by Commerce, antidumping duties on
all imports of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section above.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: September 24, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation consists of
thermoformed molded fiber products regardless of shape, form,
function, fiber source, or finish. Thermoformed molded fiber
products are formed with cellulose fibers, thermoformed
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using one or more heated molds, and dried/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 are relatively dense, with a
typical fiber density above 0.5 grams per cubic centimeter, and are
generally characterized by relatively smooth surfaces. They 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, anti-fungal, 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 this investigation 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 this investigation if the subject product is encased by exterior
packaging. They also remain covered by the scope of this
investigation 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 non-subject merchandise, only the
thermoformed molded fiber products are subject merchandise.
Also excluded from the scope of this investigation are products
covered by the scope of the antidumping and countervailing duty
orders on paper plates from People's Republic of China, the Kingdom
of Thailand, and the Socialist Republic of Vietnam.
Excluded from the scope of this investigation are thermoformed
molded fiber products imported as packaging material that enclose
and/or surround non-subject merchandise prepackaged for final sale
upon importation into the United States (e.g., molded fiber
packaging surrounding a cellular phone).
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 investigation
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 investigation 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, Harmonized Tariff
Schedule of the United States (HTSUS). Imports may also be
classified under subheadings 4823.61.0020, 4823.61.0040,
4823.69.0020, 4823.69.0040, 4823.90.1000, HTSUS. References to the
HTSUS classification are provided for convenience and customs
purposes, and the written description of the merchandise under
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Adjustment to Cash Deposit Rate for Export Subsidies
IV. Changes Since the Preliminary Determination
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Rely Exclusively on the
Financial Statements of Suparma to Calculate Surrogate Financial
Ratios in the Final Determination
Comment 2: Whether Commerce Should Reconsider Its Rejection of
Suparma's 2024 Financial Statements
Comment 3: Whether Commerce Should Exclude Zero Tariffs Used in
its Water Surrogate Value Calculation
Comment 4: Whether Commerce Should Use Inbound, Not Outbound,
Rates for its Brokerage and Handling
Comment 5: Commerce's Use of the Cohen's d Test is Inconsistent
with the Recent Federal Circuit Decision
Comment 6: Whether Commerce Should Apply Adverse Facts Available
(AFA) with Regards to Chinese Purchases of Semi-Finished Goods
Comment 7: Whether Commerce Should Use the Most Recent Factors
of Production (FOP) Database in the Final Determination
Comment 8: Whether Commerce Should Revise Its Margin Calculation
Program to Cure Ministerial Errors in the Billing Adjustment
Calculation
Comment 9: Whether Commerce Should Use Contemporaneous
Information to Value Inland Truck Freight Rates and Brokerage and
Handling
Comment 10: Whether Commerce Should Include All Subject
Merchandise in the Final Determination
Comment 11: Whether Commerce Should Have Selected a Voluntary
Respondent
Comment 12: Whether Commerce Must Explain Why Its New Price
Difference Test Is Not Arbitrary
Comment 13: Whether Commerce's Ratio Test Is Inconsistent with
the Statute
Comment 14: Whether Commerce Must Provide Full Explanations of
All the Aspects of Its New Differential Pricing Analysis
Comment 15: Whether Commerce's Differential Pricing Test Is Not
a Reasonable Test for Determining if a Pattern of Pricing Exists
Comment 16: Whether to Modify the Basis for Commerce's New Price
Difference Test
Comment 17: Whether Commerce Should Make Adjustments to the
Antidumping Duty (AD) Rates to Avoid a Double Remedy in the Absence
of New Subsidy Allegation Information
Comment 18: Whether Commerce Should Make an Adjustment to
Account for Countervailed Domestic Subsidies to Avoid Applying a
Double Remedy
VII. Recommendation
[FR Doc. 2025-18890 Filed 9-29-25; 8:45 am]
BILLING CODE 3510-DS-P
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