On June 11, 2019, the International Trade Administration (ITA) published its determination that certain hardwood plywood products with veneers of radiata and/or agathis pine that are imported from China are circumventing antidumping (AD) and countervailing (CV) orders. Due to this determination, importers and exporters of plywood from China that has outer veneers made of a softwood species of wood will have to certify that their products do not meet the criteria of the plywood products covered by the anti-circumvention inquiry in order to avoid liability for substantial and retroactive AD/CV duties.
In order to avoid liability for the retroactive AD/CV duties, importers and exporters of plywood from China with both outer veneers made of a softwood species of wood, must certify that their products do not meet all three of the following criteria: 1) Have both outer veneers of radiata and/or agathis pine; 2) are made with a resin, the majority of which is comprised of urea formaldehyde, polyvinyl acetate, and/or soy; and 3) have a TSCA or CARB label certifying that they are compliant with TSCA/CARB requirements.
For plywood products from China that meet all three criteria listed above and were entered or withdrawn from warehouse on or after September 8, 2018 (the date the anti-circumvention inquiry was initiated), CBP will 1) suspend liquidation and 2) require a cash deposit of estimated duties. The AD and CV cash deposits rates are 182.9 and 22.98 percent, respectively. If, however, the importer can certify to CBP that its goods were supplied by a Chinese manufacturer with a company-specific rate, the cash deposit rate will be the rate of that manufacturer.