AD/CVD Update
January 29, 2014

NEW INVESTIGATIONS

Grain-Oriented Electrical Steel

On November 19, the United States International Trade Commission (“ITC”) determined that there was a reasonable indication that a U.S. industry was materially injured by reason of imports of grain-oriented electrical steel from China, Czech Republic, Germany, Japan, Korea, Poland, and Russia.  All six Commissioners voted in the affirmative.  Kelley Drye & Warren is representing petitioners AK Steel Corporation, Allegheny Ludlum LLC, and the United Steelworkers.  As a result of the ITC’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of this product, with its preliminary antidumping and countervailing duty determinations due in March 2014. 

Non-Oriented Electrical Steel

On December 2, the ITC determined that there was a reasonable indication that a U.S. industry was materially injured by reason of imports of non-oriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan that were allegedly sold in the United States at less than fair value and that were allegedly subsidized by the governments of China, Korea, and Taiwan.  As a result of the Commission’s affirmative determinations, Commerce will continue to conduct its investigations on imports of this product, with its preliminary countervailing duty determinations due on or March 17, 2014 pursuant to the Postponement in 78 Fed. Reg. 76,815 (Dec. 19, 2013), and its preliminary antidumping duty determinations due on or about March 26, 2014.

Silica Bricks and Shapes

On December 12, the ITC determined that a U.S. industry was neither materially injured nor threatened with material injury by reason of imports of silica bricks and shapes from China that Commerce had previously determined were sold in the United States at less than fair value.  As a result of the ITC’s negative determination, an antidumping duty order will not be issued. 

1,1,1,2- Tetrafluoroethane

On December 13, the TIC determined that there was a reasonable indication that a U.S. industry was materially injured by reason of imports of 1,1,1,2- Tetrafluoroethane 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 determinations, Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determination due by April 11, 2014 pursuant to the Postponement in 79 Fed. Reg. 3178 (Jan. 17, 2014), and its preliminary antidumping determination due on or about April 21, 2014.

Calcium Hypochlorite

On December 18, Arch Chemicals, Inc. filed petitions with the ITC and Commerce seeking the imposition of antidumping and countervailing duties on imports of calcium hypochlorite from China.  The ITC’s preliminary injury vote is scheduled for January 31.  Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.

Crystalline Silicon Photovoltaic Products

On December 31, SolarWorld Industries America Inc. filed petitions with the ITC and Commerce seeking the imposition of antidumping and countervailing duties on imports of certain crystalline silicon photovoltaic products from China and Taiwan.  The ITC is scheduled to issue its preliminary injury determinations in February and Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.

SUNSET REVIEWS

Steel Nails from China

On December 11, the ITC determined that revoking the existing antidumping order on steel nails 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.

Raw Flexible Magnets

On January 4, the ITC determined that revoking the existing AD and CVD Orders on raw flexible magnets from China and Taiwan 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 these products from China and Taiwan will remain in place.

Off-The-Road Tires

On January 6, the ITC determined that revoking the existing AD and CVD orders on certain off-the-road tires 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 determinations, the existing orders on imports of these products from China will remain in place.

Non-Malleable Cast Iron Pipe Fittings

On January 16, the ITC determined that revoking the existing AD order on non-malleable cast iron pipe fittings 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 these products from China will remain in place.

Sodium Nitrite

On January 16, the ITC determined that revoking the existing AD and CVD Orders on sodium nitrite from China and Germany 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 these products from China and Germany will remain in place.

APPEALS

On December 13, Judge Nicholas Tsoucalas of the Court of International Trade (“CIT”) issued Slip Opinion 13-149 in Qingdao Maycarrier Import & Export Co. v. United States, CIT Court No. 13-00142.   In his opinion, Judge Tsoucalas affirmed the Department of Commerce’s Final Rescission of the New Shipper Review in Fresh Garlic From the People’s Republic of China, 78 Fed. Reg. 18,316 (Mar. 26, 2013).  Michael Coursey and John Herrmann of Kelley Drye and Warren participated in the appeal as Defendant-Intervenors on behalf of Fresh Garlic Producers Association, in support of Commerce’s rescission.