Thermoformed Molded Fiber Products From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-552-845]</DEPDOC> <SUBJECT>Thermoformed Molded Fiber Products From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable September 30, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On May 6, 2025, Commerce published in the <E T="04">Federal Register</E> 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 <E T="03">Preliminary Determination.</E> <SU>1</SU> <FTREF/> 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. <SU>2</SU> <FTREF/> We invited interested parties to comment on changes to the differential pricing analysis and our double remedies analysis. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">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,</E> 90 FR 20153 (May 12, 2025) ( <E T="03">Preliminary Determination</E> ), and accompanying Preliminary Decision Memorandum (PDM); <E T="03">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,</E> 90 FR 24571 (June 11, 2025); and Memorandum, “Briefing Schedule,” dated August 14, 2025. </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> 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. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> “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. </FTNT> A summary of the events that occurred since the <E T="03">Preliminary Determination,</E> 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. <SU>4</SU> <FTREF/> 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 <E T="03">http://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <FTNT> <SU>4</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Scope of the Investigation</HD> The products covered by this investigation are molded fiber products from Vietnam. For a complete description of the scope of this investigation, <E T="03">see</E> Appendix I. <HD SOURCE="HD1">Scope Comments</HD> In the Preliminary Scope Memorandum, we set aside a period of time for parties to raise issues regarding product coverage ( <E T="03">i.e.,</E> scope) in scope-specific case briefs or other written comments. <SU>5</SU> <FTREF/> We received comments from multiple interested parties on the scope of the investigation as it appeared in the <E T="03">Preliminary Determination.</E> 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, <E T="03">see</E> the Final Scope Decision Memorandum. <SU>6</SU> <FTREF/> After analyzing these comments, we made no changes to the scope of the investigation as it appeared in the <E T="03">Preliminary Determination</E> for this final determination. <E T="03">See</E> Appendix I. <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Preliminary Scope Decision Memorandum,” dated May 6, 2025. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> 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). </FTNT> <HD SOURCE="HD1">Verification</HD> 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. <SU>7</SU> <FTREF/> We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Yuzhan. <FTNT> <SU>7</SU>   <E T="03">See</E> 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. </FTNT> <HD SOURCE="HD1">Analysis of Comments Received</HD> 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, <E T="03">see</E> Appendix II. <HD SOURCE="HD1">Changes Since the Preliminary Determination</HD> We made certain changes to the margin calculations for Yuzhan since the <E T="03">Preliminary Determination.</E> For a discussion of these changes, <E T="03">see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)</HD> As discussed in the <E T="03">Preliminary Determination,</E> 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). <SU>8</SU> <FTREF/> 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 ( <E T="03">i.e.,</E> 260.56 percent), as adjusted for export subsidies applied as AFA to the Vietnam-wide entity in the companion countervailing duty (CVD) investigation ( <E T="03">i.e.,</E> 48.29 percent), <SU>9</SU> <FTREF/> in assigning a cash deposit rate of 212.67 percent, as AFA, to the Vietnam-wide entity in this final determination. <FTNT> <SU>8</SU>   <E T="03">See Preliminary Determination,</E> 90 FR at 20154 and fn. 11. </FTNT> <FTNT> <SU>9</SU>   <E T="03">See</E> unpublished <E T="04">Federal Register</E> notice, “Thermoformed Molded Fiber Products from the People's Republic of China: Final Affirmative Countervailing Duty Determination,” dated concurrently with this notice; <E T="03">see also</E> 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. </FTNT> <HD SOURCE="HD1">Separate Rates</HD> No parties commented on Commerce's preliminary sep ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 25k characters. 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