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U.S. International Trade Commission Issues Affirmative Preliminary Decision in Trade Case Against Imports of Plastic Decorative Ribbon

February 9, 2018

Washington, DC— Today, the U.S. International Trade Commission (the Commission) unanimously found that there is a reasonable indication that the U.S. plastic decorative ribbon industry is materially injured or threatened with material injury due to imports of plastic decorative ribbon from China.

The Commission’s vote is a response to December 27, 2017 petitions filed by Berwick Offray, LLC (Berwick Offray), a leading U.S. manufacturer of plastic decorative ribbon products headquartered in Berwick, Pennsylvania. The case alleges that unfairly dumped and illegally subsidized imports of Chinese plastic decorative ribbon are injuring the U.S. industry.

“The U.S. plastic decorative ribbon industry and its workers are suffering as a result of dumped and subsidized imports from China,” said Daniel B. Pickard, counsel to Berwick Offray and a partner in the International Trade Practice at Wiley Rein LLP. “However, after today’s vote, we are one step closer to restoring a level playing field in the U.S. market.”

On January 16, 2018, the U.S. Department of Commerce (the Department) initiated formal antidumping (AD) and countervailing (CVD) duty investigations into imports of plastic decorative ribbon from China, finding that there is reason to believe that such imports are being sold at dumped and subsidized prices. The dumping and subsidy margins for plastic decorative ribbon from China are estimated as high as 370 percent.

The Commission’s affirmative preliminary injury determination paves the way for the Department to continue moving forward with its investigations. Without any extensions, the Department is expected to issue its preliminary CVD determination in March 2018, and its preliminary AD determination in June 2018. If the Department reaches an affirmative preliminary determination in these cases, provisional AD and CVD duties will be collected based on the preliminary margins calculated by the Department.

In bringing this case, Wiley Rein worked alongside Capital Trade Inc. and International Economic Research LLC, consulting firms specializing in international trade remedies.