AD/CVD Update
February 25, 2014

NEW INVESTIGATIONS

Carbon and Certain Alloy Steel Wire Rod

On January 31, Kelley Drye & Warren, representing ArcelorMittal USA LLC, Charter Steel, Evraz Rocky Mountain Steel, Gerdau Ameristeel U.S. Inc., Keystone Consolidated Industries Inc., and Nucor Corporation, filed petitions with the ITC and Commerce seeking the imposition of antidumping and countervailing duties on imports of carbon and certain alloy steel wire rod from China.  The ITC’s preliminary determination is due on March 17.  Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.

Calcium Hypochlorite

On January 31, the ITC determined that there was a reasonable indication that a U.S. industry was materially injured by reason of imports of calcium hypochlorite from China that were allegedly subsidized and sold in the United States at less than fair value.  As a result of the ITC’s affirmative determination, Commerce will continue to conduct its investigations on imports of this product, with its preliminary countervailing duty determination due on or about March 13, 2014, and its antidumping duty determination due on or about May 27, 2014.

Crystalline Silicon Photovoltaic Products

On February 14, the ITC determined that there was a reasonable indication that a U.S. industry was materially injured by reason of imports of certain crystalline silicon photovoltaic products from China and Taiwan that were allegedly subsidized and sold in the United States at less than fair value.  As a result of the ITC’s affirmative determinations, Commerce will continue to conduct its investigations on imports of this product, with its preliminary countervailing duty determination due on or about March 26, 2014, and its antidumping duty determinations due on or about June 9, 2014.

SUNSET REVIEWS

Steel Wire Garment Hangers from China

On February 7, the ITC determined that revoking the existing antidumping order on steel wire garment hangers 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 remain in place.

APPEALS

On December 13, the Court of Appeals for the Federal Circuit issued a one-page per curiam opinion in Jinxiang Chengda Imp. & Exp. Co. v. United States, Appeal No. 2013-1422 (Fed. Cir. Feb. 10, 2014) affirming Commerce’s determination in a new shipper administrative review involving fresh garlic from the People’s Republic of China.  More specifically, Jinxiang Chengda, an exporter of peeled garlic from China, argued that Commerce erred in rejecting its U.S. sale as non-bona fide, entitling it to a company-specific antidumping margin.   See Jinxiang Chengda Imp. & Exp. Co. v. United States, Ct. No. 11-00144, Slip Op. 13-40 (CIT Mar. 25, 2013).  Michael Coursey and John Herrmann of Kelley Drye and Warren participated in the Federal Circuit appeal as Defendants-Appellees on behalf of the Fresh Garlic Producers Association, Christopher Ranch LLC, The Garlic Company, Valley Garlic, and Vessey and Company, Inc., in support of Commerce’s Rescission.