AD/CVD Update
April 30, 2014

 This article was authored by International Trade Specialist Michael J. Kelleher

 NEW INVESTIGATIONS

Sugar from Mexico

On April 18th,  the U.S. Department of Commerce initiated antidumping (“AD”) and countervailing (“CVD”) investigations on sugar from Mexico.  The petitions were filed on March 28th on behalf of the American Sugar Coalition and its individual members.  The dumping margins alleged in the petition ranged from 30 to 64.31 percent, while the CVD margin alleged were above de minimis.  The ITC’s preliminary investigation is also underway, with the preliminary vote scheduled to take place on May 9th.  Kelley Drye & Warren (Paul Rosenthal; John Herrmann; and Grace Kim) is representing the National Confectioners Association, the Sweetener Users Association, the International Dairy Foods Association, and Barry Callebaut USA LLC in opposition to the petitions. 

Chlorinated Isocyanurates from Japan

On April 15th, Commerce announced its affirmative preliminary determination in the AD investigation of imports of chlorinated isocyanurates from Japan.  Commerce preliminarily determined that chlorinated isocyanurates from Japan have been sold in the United States at dumping margins ranging from 54.79 percent to 109.56 percent.  The petitioners for this investigation are Clearon Corporation and Occidental Chemical Corporation.  Commerce is scheduled to announce its final determination around August 28th.  The ITC is scheduled to make its final injury determination in October 2014.  If Commerce makes an affirmative final determination, and the ITC makes an affirmative final determination that imports of chlorinated isocyanurates from Japan materially injure, or threaten material injury to, the domestic industry, Commerce will issue an antidumping order.  If either Commerce’s or the ITC’s final determination is negative, an AD order will not be issued.

1,1,1,2-Tetrafluoroethane from China

On April 14th, Commerce announced its affirmative preliminary determination in the CVD investigation of imports of 1,1,1,2-tetrafluoroethane from China.  Commerce calculated preliminary subsidy rates ranging from 1.35 percent to 28.74 percent.  The petitioner for this investigation is Mexichem Fluor Inc. Commerce is scheduled to announce its final determination in this investigation around August 5th.

Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel from Japan

On April 4th, Commerce announced its affirmative final determination in the AD investigation of imports of diffusion-annealed, nickel-plated flat-rolled steel from Japan.  Commerce determined that imports of diffusion-annealed, nickel-plated flat-rolled steel from Japan have been sold in the United States at dumping margins ranging from 45.42 to 77.70 percent.  The petitioner for this investigation is Thomas Steel Strip Corporation.  The ITC is scheduled to make its final injury determination around May 16th.  If the ITC makes an affirmative final determination of injury, Commerce will issue an AD order.  If the ITC makes a negative determination, the investigation will be terminated

Monosodium Glutamate from China and Indonesia 

On March 31st, Commerce announced the termination of the CVD investigations on imports of monosodium glutamate from China and the Republic of Indonesia, following the withdrawal of the CVD petition by Petitioner Ajinomoto Co., Inc. and Ajinomoto North America Inc. 

SUNSET REVIEWS

Graphite Electrodes from China

On April 7th, the ITC unanimously voted to expedite its five-year (“sunset”) review to determine whether the AD order on small diameter graphite electrodes from China would be likely to lead to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  Kelley Drye and Warren (Skip Hartquist; Alan Luberda; Grace Kim; and Ben Caryl) are representing petitioners GrafTech USA LLC, SGL Carbon LLC, and Superior Graphite Company.  In expedited reviews, the ITC generally does not hold a hearing or conduct further investigative activities.  Commissioners base their injury determinations in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by Commerce.  The Commission should make its final sunset determination at the end of May.

Circular Welded Carbon-Quality Steel Line Pipe From China

On April 23rd, the ITC unanimously determined that revoking the existing AD and CVD orders on circular welded carbon-quality steel line pipe from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the Commission’s affirmative determination, the existing orders on imports of this product from China will continue for an additional five years.

Uncovered Innerspring Units from China, South Africa and Vietnam

On March 25th, the ITC determined that revoking the existing AD orders on uncovered innerspring units from China, South Africa, and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China, South Africa, and Vietnam will remain in place for an additional five years.

Crawfish Tail Meat from China

On April 4th, the ITC determined that revoking the existing AD order on crawfish tail meat from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will continue for an additional five years.

APPEALS

On March 21st, Judge Tsoucalas of the Court of International Trade (“CIT”) issued Slip Op. 14-30 in Dongtai Peak Honey Industry Co. v. United States, affirming Commerce’s final results of the tenth administrative review of the AD order on Honey from China.  See Honey from People’s Republic of China: Final Results of Antidumping Dut Administrative Review, 77 Fed. Reg. 70,417 (Nov. 26, 2012).  Kelley Drye & Warren (Michael Coursey and R. Alan Luberda) represented Defendant-Intervenors American Honey Producers Association and Sioux Honey Association, in support of Commerce’s final results.  In his opinion, Judge Tsoucalas affirmed Commerce’s decision to deny Chinese Respondent Dongtai Peak’s untimely questionnaire extension requests, and remove the extension requests and Peak’s supplemental section A questionnaire response from the record.  Additionally, Commerce’s decision to treat Peak as part of the PRC-wide entity, and its decision to impose a dumping margin of $2.63/kg based on adverse facts available, were supported by substantial evidence and in accordance with law.