Notice2026-01605
Thermoformed Molded Fiber Products From the People's Republic of China and the Socialist Republic of Vietnam: Countervailing Duty Orders
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
January 27, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the countervailing duty (CVD) orders on thermoformed molded fiber products (molded fiber products) from the People's Republic of China (China) and the Socialist Republic of Vietnam (Vietnam).
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Pages 3437-3439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01605]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-183, C-552-846]
Thermoformed Molded Fiber Products From the People's Republic of
China and the Socialist Republic of Vietnam: Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the countervailing duty (CVD)
orders on thermoformed molded fiber products (molded fiber products)
from the People's Republic of China (China) and the Socialist Republic
of Vietnam (Vietnam).
DATES: Applicable January 27, 2026.
FOR FURTHER INFORMATION CONTACT: Allison Hollander (China), Office IX,
telephone: (202) 482-2805; and Thomas Martin (Vietnam), Office IV,
telephone: (202) 482-3936; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on September 30, 2025, Commerce published
its affirmative final determinations that countervailable subsidies are
being provided to producers and exporters of molded fiber products
China and Vietnam.\1\
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\1\ See Thermoformed Molded Fiber Products from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 90 FR 46787 (September 30, 2025) (China Final
Determination); see also Thermoformed Molded Fiber Products From the
Socialist Republic of Vietnam: Final Affirmative Countervailing Duty
Determination and Final Affirmative Critical Circumstances
Determination, 90 FR 46805 (September 30, 2025) (Vietnam Final
Determination).
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On January 5, 2026, pursuant to section 705(d) of the Act, the ITC
notified Commerce of its final affirmative determinations that an
industry in the United States is materially injured by reason of
subsidized imports of molded fiber products from China and Vietnam,
within the meaning of section 705(b)(1)(A)(i) of the Act, and its
determination that critical circumstances exist with respect to imports
of molded fiber products from Vietnam.\2\
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\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated January 5, 2026 (ITC Notification Letter).
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Scope of the Orders
The product covered by these orders is molded fiber products from
China and Vietnam. For a complete description of the scope of these
orders, see the appendix to this notice.
Countervailing Duty Orders
Based on the ITC's affirmative final determinations that an
industry in the United States is materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports
of molded fiber products from China and Vietnam,\3\ in accordance with
section 705(c)(2) of the Act, Commerce is issuing these CVD orders.
Moreover, because the ITC determined that imports of molded fiber
products from China and Vietnam are materially injuring a U.S.
industry, unliquidated entries of such merchandise entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
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\3\ Id.
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Furthermore, the ITC found that critical circumstances exist with
respect to imports of molded fiber from Vietnam subject to Commerce's
affirmative critical circumstances finding within the meaning of
section 705(b)(4)(A) of the Act. As a result of Commerce's affirmative
critical circumstances determination under section 705(a)(2) of the Act
and the ITC's affirmative critical circumstances determination under
section 705(b)(4)(A) of the Act, retroactive duties will be applied to
the relevant imports for a period of 90 days prior to the suspension of
liquidation (i.e., 90 days prior to the publication of the Vietnam
Preliminary Determination).\4\
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\4\ 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)
(Vietnam Preliminary Determination); see also section 705(c)(4) of
the Act; and Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994) at
876 (``If both agencies make affirmative critical circumstances
determinations in their final investigations, retroactive duties
will be applied for a period ninety days prior to suspension of
liquidation.'').
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[[Page 3438]]
Therefore, in accordance with section 706(a) of the Act, Commerce
is directing U.S. Customs Border and Protection (CBP) to continue
suspending liquidation of all relevant entries of molded fiber products
from China and Vietnam. Countervailing duties will be assessed on
unliquidated entries of molded fiber products from Vietnam which are
entered, or withdrawn from warehouse, for consumption on or after
December 14, 2024, which is 90 days prior to the date of publication of
the Vietnam Preliminary Determination.\5\ Countervailing duties will be
assessed on unliquidated entries of molded fiber products from China
which are entered, or withdrawn from warehouse, for consumption on or
after March 14, 2025, the date of publication of the China Preliminary
Determination.\6\ Countervailing duties on unliquidated entries of
molded fiber products from China and Vietnam will not be assessed on
entries occurring after the expiration of the provisional measures
period and before the publication of the ITC's final affirmative injury
determination, as further described in the ``Provisional Measures''
section of this notice.
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\5\ See Vietnam Preliminary Determination.
\6\ See Thermoformed Molded Fiber Products from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 90 FR 12123 (March 14, 2025) (China
Preliminary Determination).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of molded
fiber products from China and Vietnam, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, and to assess, upon further instruction by Commerce,
pursuant to section 706(a)(1) of the Act, countervailing duties on each
entry of subject merchandise in an amount based on the net
countervailable subsidy rates below. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would normally deposit
estimated customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed in
the China Final Determination.\7\ The all-others rates apply to all
producers or exporters not specifically listed, as appropriate.
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\7\ See China Final Determination, 90 FR at 46789; Vietnam Final
Determination, 90 FR at 46806; section 706(a)(3) of the Act.
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Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the Preliminary
Determinations on March 14, 2025.\8\ As such, the four-month period
beginning on the date of the publication of the Preliminary
Determinations ended on July 11, 2025. Therefore, entries of molded
fiber products from China and Vietnam made on or after July 12, 2025,
and prior to the date of publication of the ITC's final injury
determinations in the Federal Register, are not subject to the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
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\8\ See China Preliminary Determination and Vietnam Preliminary
Determination (collectively, Preliminary Determinations).
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In accordance with section 703(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to countervailing duties, unliquidated entries of molded
fiber products from China and Vietnam entered, or withdrawn from
warehouse, for consumption, on or after July 12, 2025, the date on
which the provisional CVD measures expired, through the day preceding
the date of publication of the ITC's final injury determinations in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determinations in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\12\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\12\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
[[Page 3439]]
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for the Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioner and foreign governments should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and foreign
governments will not need to resubmit their entries of appearance each
year to continue to be included on the annual inquiry service list.
However, the petitioner and foreign governments are responsible for
making amendments to their entries of appearance during the annual
update to the annual inquiry service list in accordance with the
procedures described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the CVD orders with respect to molded fiber
products from China and Vietnam, pursuant to section 706(a) of the Act.
Interested parties can find a list of antidumping duty and CVD orders
currently in effect at <a href="https://www.trade.gov/datavisualization/adcvd-proceedings">https://www.trade.gov/datavisualization/adcvd-proceedings</a>.
These CVD orders are issued and published in accordance with
section 706(a) of the Act and 19 CFR 351.211(b).
Dated: January 22, 2026.
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
Scope of the Orders
The merchandise subject to these orders 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 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 these orders 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 orders if the subject product is encased by exterior
packaging. They also remain covered by the scope of these orders
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 these orders 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 these orders 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 these orders 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 these orders 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 of these
orders is dispositive.
[FR Doc. 2026-01605 Filed 1-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 27, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.