Paper File Folders: Commerce Issues Final CV Determination for India
The Commerce Department issued its final determination in its countervailing duty investigation on paper file folders from India (C-533-911). Suspension of liquidation is currently not in effect for entries on or after July 18, 2023, and Commerce will only require cash deposits of estimated CVD on future entries if it issues a CV duty order.
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Before Commerce issues a CV duty order, the International Trade Commission must find injury to U.S. industry in its final injury determination, currently due Nov. 13, Commerce said in a fact sheet. In the event of any ITC final determination of no injury, the investigation will be terminated with no duties imposed, and all cash deposits collected as a result of the investigation will be refunded.
Suspension of liquidation is in effect for antidumping duty purposes on paper file folders from India, and Commerce is concurrently issuing its final AD determination, setting rates at 17.22% to 86.01% for Indian companies 2310040033).
CV Susp/Cash Deposit Through July 17
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Indian companies entered March 20, 2023, the date of Commerce's preliminary determinations, through July 17, 2023.
CV Liq Reinstated and No CV Cash Deposit as of July 18
Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits for subject merchandise from India entered on or after July 18, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CV duty order in place.
Suspension of liquidation currently remains in effect for AD duty purposes for subject merchandise from India.
CV Liq to Be Suspended Again and CV Cash Deposit Required if Order Issued
Commerce will issue a CV duty order, reinstate the CV duty suspension of liquidation for all Indian, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues a final affirmative injury determination.
| Company | CV Rate |
|---|---|
| Navneet Education Ltd. | 3.78% |
| Lotus Global Pvt. Ltd. | 90.98% |
| All Others | 3.78% |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the “gap period” of July 18 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 01/01/21 - 12/31/21. See Commerce's notice for more information, including the scope of the order (unchanged), detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 2303170013 for a summary of the preliminary determination of this investigation.)